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HomeMy Public PortalAbout20200227AmendedPacket.pdfMAYOR CITY MANAGER Shirley Sessions Dr. Shawn Gillen CITY COUNCIL CLERK OF COUNCIL Barry Brown, Mayor Pro Tem Jan LeViner John Branigin Jay Burke CITY ATTORNEY Nancy DeVetter Edward M. Hughes Spec Hosti Monty Parks 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 M E N D E D A G E N D A REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL February 27, 2020 at 6:30 PM Please silence all cell phones during Council Meetings Consideration of Items for Consent Agenda 6:30PM Opening Ceremonies Call to Order Invocation Pledge of Allegiance Announcements Recognitions and Proclamations 1. Recognition of the US Army COE, Savannah District Spencer Davis Mackie McIntosh Burt Moore Josh Nickel Emily Wortman 2. Janice Elliott, Recognition of Employees and Employee of the Year Consideration of the approval of the minutes of the meetings of the Tybee island City Council 3. Minutes, City Council Meeting, February 13, 2020 4. Minutes, City Council Meeting/Workshop February 19, 2020 Consideration of Boards, Commissions and Committee Appointments 5. Ethics Commission Ben Goggins (incumbent) James McNaughton (incumbent) Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. 6. Tybee Island Youth Council Presentation 1 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. 7. Dana Johnson, Beach Chair Rentals 8. Gerald Schantz, Benefit for the 200 Club 9. Cathy Liberatori, Beachview Inn & Spa Benefit for the Tybee Island Maritime Academy Reports of Staff, Boards, Standing Committees and/or Invited Guests. Limit reports to 10 minutes. 10. Alan Robertson: Coastal Resilience Update - Dune Restoration and Back River Study 11. Alex Muir, Advocacy Coordinator, One Hundred Miles If there is anyone wishing to speak to anything on the agenda other than the Public Hearings, please approach the podium, giving your name and physical address. Consideration of Approval of Consent Agenda Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License 12. Agenda Request: Alcohol and Entertainment License Request: Fresh Catch Tybee dba Pier 16: Liquor/Beer/Wine/Sunday Sales; Entertainment 1601 Inlet Ave Consideration of Bids, Contracts, Agreements and Expenditures 13. Out of State Travel, Michelle Owens. Attend National Main Street Conference, May 18 - 20, 2020. Line Item 100-7300-52-3500, $1,600. 14. Out of State Travel, Jan LeViner, Clerk, attend the IIMC Conference, St. Louis, MO, May 16 - 20, 2020. Line Item 1130-52-3500, approximate cost $1,000. 15. Budget adjustment to cover shortage in the Animal Control personnel budget. 16. Statewide Mutual Aid and Assistance Agreement from GEMA 17. Water/Sewer Budget Adjustment Request to Purchase a Street Sweeper - $220,000 from 100-4250-54-2102 to 100-4250-54-2100 18. Purchase of New Lifeguard Stands - Authorization to Purchase and Budget Amendment - $132,100.00 19. Purchase of Clarifier - Budget Amendment - $600,000 from 505-0000-39-1300 to 505- 4310-54-1400 20. Purchase parts to install into the existing clarifier that is currently non- operational. Budget Adjustment from various accounts to Line Items 505-4310-52-2205 and 505-4310-52-1310 21. Public Education and Government Channel Upgrade - For Approval - Purchased From 100-1535-52-1300 and 100-1535-53-1600. $25,000 22. Secure Records Solutions, LLC: Hard Copy Storage, Thomasville, GA 23. Debris Removal Standby RFP - PLACE MARKER Consideration of Ordinances, Resolutions 24. Second Reading, 2020-02, Sec 34-264 - Short Term Vacation Rentals 25. Second Reading, 2020-03, Civil Penalties 26. Second Reading, 2020-08, Retirement Plan Ordinance 2 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 27. Second Reading, 2020-12, Article III, Sec 3-170, Home Occupations and Home Business Offices 28. Second Reading 2020-13, Sec 2-010, Terms and Definitions - Home Occupation 29. First Reading, 2020-06, Chapter 70, Art IIIA, Backflow Ordinance/Prevention Program 30. First Reading, 2020-05, Sec 70-76, Use of the Public Sewer 31. First Reading, 2020-07, Adopt Grease Management Program and the Grease Enforcement Plan 32. First Reading, 2020-09, Parking Fines, Sec 66-147(c) 33. First Reading, 2020-10, Regular Meetings 34. First Reading 2020-11 Sec 12-1(a) Restriction on Beach Smoking in Designated Areas Council, Officials and City Attorney Considerations and Comments 35. John Branigin: Maintenance of Non-City Streets 36. Nancy DeVetter: Beach Task Force motion to ban beach smoking 37. Nancy DeVetter, Beach Task Force Update and Letters of Support (Smoke-Free Beach Ordinance) 38. Bubba Hughes: Award protest concerning RFP on By Pass Pumps and status/consideration of grant issues. 39. Bubba Hughes, City of Tybee Island Water and Sewer Requirements 40. Bubba Hughes: Possible Rules of Procedures to include adding Disclosures and Recusals 41. Bubba Hughes: Authorization for the Mayor to sign and the Clerk to attest multiple contracts with homeowners for Hazard Mitigation Grant Program for elevation of homes. 42. Shawn Gillen: Wellness Program Description 43. Shawn Gillen: Setting Price for Virtual Parking Decal at $300.00 - Action Item 44. Shawn Gillen: Parking Fines - Action Item 45. Shawn Gillen: Increase Cost of Parking Decal for Non-Tybee Residents to $200.00 - Action Item 46. Shawn Gillen: Creation of three part time Code Enforcement Officers in the TIPD for 29 hours per week starting March 23, 2020 (15 weeks), $21,982 47. Todd Smith: City of Tybee website, Transparency and Accessibility 48. Jan LeViner: Voter Rolls 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 3 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org. THE VISION OF THE CITY OF TYBEE ISLAND “is to make Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.” 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: 3. Minutes, City Council Meeting, February 13, 2020 5 City Council Minutes, February 13, 2020 Consideration of Items for Consent Agenda Mayor Sessions called the Consent Agenda to order at 6:30PM. Those present were Jay Burke, Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Mayor Sessions listed the following items on the consent agenda:  Minutes, City Council Meeting, January 9, 2020  Appointment of Matt Harrell as Interim Fire Chief. Mayor Sessions congratulated Chief Harrell for his appointment.  Historic Preservation Committee o Fidelia Fowler o Holly Grell-Lawe  Bubba Hughes: Ante Litem, Olivia Simons. Mr. Hughes recommended this item be included with it being denied. TO DENY  Minutes, Planning Commission, January 13, 2020  Minutes, TIMSF Board of Trustees Meeting Minutes  Minutes, Ethics Commission, March 11, 2019 and December 4, 2019 Mayor Sessions called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies  Call to Order  Invocation: Rev. Sue Jackson, Trinity Chapel United Methodist Church  Pledge of Allegiance Recognitions Chief Robert Bryson approached Mayor and Council. Chief Bryson introduced Chief Bill Kirkendoff, Hinesville Police Department. Chief Kirkendoff explained the State’s Certification Program is a volunteer program with 129 Standards with ten addition, totaling 139. It takes a department and community to achieve this Certification. Chief Kirkendoff stated he made a recommendation to the Georgia Association of Chiefs of Police and the recommendation was accepted to grant certification to the Tybee Island Police Department. Chief Kirkendoff then presentation the State Certification to Chief Bryson and the entire Tybee Island Police Department. Chief Bryson thanked everyone for their support to include Captain Tiffany Hayes for all her work with this Certification. Mayor Sessions stated Tybee Island is very proud of our officers and cannot thank them enough for their service. Mayor Sessions stated in the future the meetings will begin at 6:30PM and continue to have the Consent Agenda and move right into the regular meeting. An ordinance will be before Mayor and Council approving this change. Gerald Schantz, approached Mayor and Council. Mr. Schantz thanked Mayor, Council, and Staff for their cooperation with the remodeling of his restaurant. He also thanked Dr. Gillen for his Friday Morning Coffee Meetings as this provides the citizens an opportunity to discuss their concerns. Mr. Schantz invited everyone to the grand opening of his restaurant which will benefit the 200 Club of the Coastal Empire, Friday, February 14, 2020 at 5:00PM, Gerald’s Pig and Shrimp. 6 Mary McLemore, approached Mayor and Council to speak to the Marine Science Center lease. Ms. McLemore read from a prepared statement (attached) where she expressed her concerns regarding the proposed Marine Science Center Lease. She stated the Marine Science Center is a great asset to the Island and nothing she is saying should be taken to denigrate the Marine Science Center. Mayor Sessions thanked Ms. McLemore for her comments and concerns and her statement will be included in the official record. Monty Parks made a motion to approve the consent agenda. Barry Brown seconded. Vote was unanimous, 6-0. Public Hearings Variance: Encroach Rear Setback with Steps to Maximize Porch Area - 11 Bright Street - 40002 15006-Zone R-1-B. Mike and Deb Goldberg. George Shaw approached Mayor and Council. Mr. Shaw stated the petitioner is building a container home on Bright Street and is requesting a variance for a setback for proposed steps. He further stated that variances are based on hardships. Planning Commission and Staff are recommending denial, unanimously. Mr. Parks asked Mr. Shaw if any conditions have changed since this was heard by the Planning Commission. Mr. Shaw responded, none that he is aware of. Mike Goldberg approached Mayor and Council to speak in favor of this variance request. He is asking to allow his stairs to be within the 10’ setback. Mr. Goldberg stated this is a grandfathered lot and he distributed documents (attached) containing drawings and affidavits stating they do not object to this request. He is not asking to build in that area only for a landing for the staircase. Mayor Sessions thanked Mr. Goldberg and made mention that in the packet as presented by Mr. Goldberg, there are two letters in favor of this variance request. Monty Parks made a motion to deny. John Branigin seconded. Vote was unanimous to deny, 6-0. Text Amendment: Definitions for Home Based Business. Jay Burke and Spec Hosti recused. Mr. Shaw approached Mayor and Council. He stated the previous council asked the Planning Commission to review Home Based Definitions and bring recommendations back to Mayor and Council. After recommendations from the Planning Commission it was brought before Mayor and Council for first reading. At that time, it was noted there was a conflict with the definition of Home Occupation. Ms. DeVetter asked for clarification of the procedure. She confirmed with Mr. Shaw, Mayor and Council are approving only the adding of one section to the definitions. Mr. Shaw confirmed. Monty Parks made a motion to approve first reading. John Branigin seconded. Voting to approve were Monty Parks, John Branigin and Nancy DeVetter. Voting against was Barry Brown. Vote to approve, 3-1. Jay Burke and Spec Hosti returned to their seats. Consideration of Bids, Contract, Agreements and Expenditures Atlantic Waste Contract. Dr. Gillen addressed Mayor and Council. Dr. Gillen stated he is trying to resolve four distinct issues: (1) Atlantic Waste charges the City one fee and that fee is not passed to the residents which creates a shortage in the Solid Waste Fund of about $150,000; (2) Curbside single stream recycling is not working as it is mostly going to the landfill; (3) how does the City address the increase in garbage if curbside recycling stops; and (4) issue of Short Term Vacation Rental (STVR’s) and the increase in garbage they bring. The contract is curbside or side door recycling of single stream and we have a recycling drop off center with several drop off units around the City to where residents/visitors can bring their recycling. Therefore, Atlantic Waste will no longer do recycling as the City will do it. This now creates twice a week garbage collection. There will no longer be Saturday collection for STVR’s but will be another day of the 7 week. He feels this will take care of the problems with garbage sitting in the cans for days and days. The price to the City will remain the same as will the cost to the residents. Mayor Sessions stated, to make it simple, currently residents are getting side door recycling pick up, yard trash once a week and garbage. With the change, the City is eliminating recycling, adding twice a week garbage pickup (side door pickup) and still have once a week yard pickup. Ben Wall, Atlantic Waste, approached Mayor and Council. Mr. Wall stated the residents that have pickup on Monday will go to Monday/Thursday; residents on Tuesday, will go Tuesday/Friday; and the Wednesday residents will probably go to Tuesday/Friday pickup. Wednesday will now become yard waste pickup Island wide. Dr. Gillen is proposing a mailing to notify residents of the change in service as well as on Channel 7. In regards to yard waste, the old recycle cans can now be used for yard waste. Mayor Sessions stated there is no change in the cost of the new services. Mayor pro tem Brown asked if these changes are seasonal or year round. Dr. Gillen responded, year round. Ms. DeVetter asked why the City is not charging the residents what it costs the City. Dr. Gillen responded it is probably a reluctance to add an additional charge to the residents’ bill and has always been subsidized by the City. Ms. DeVetter asked is there is a solution. Mr. Branigin stated it is not applicable to the contract as how the City bills the residents it is a totally separate issue. Mr. Parks spoke to recycling as what the City is doing currently is a better answer than curbside recycling and a better system. He stated he will do everything he can to have additional drop-off centers available to residents. Mr. Parks asked everyone to go the Facebook, TybeeRecycles, look at the page and “like” for updates. Mayor Sessions thanked Mr. Parks for all he is doing to create a recycling program and to Mr. Wall for his hard work. Mr. Hughes asked Mr. Wall for an effective date of the contract. Mr. Wall responded April 1, 2020 which gives the City time to notify the residents. Atlantic Waste will be stenciling the recycling cans to include “yard waste” language. These receptacles will now be used for yard waste rather than recycling. Spec Hosti made a motion to approve. Nancy DeVetter seconded. Vote was unanimous to approve, 6-0. Diesel Bypass Pumps RFP contract recommendations (Pumps and Installation). The staff is recommending the Pumps be purchased from Goforth Williamson. They are recommending the contract for installation of pumps be awarded to Southern Civil. Mr. Hughes stated there are two contracts included within the agenda item: (1) concerns the purchase of bypass pumps for the lift stations necessary in the event power is lost and (2) for the installation of the pumps. There are no concerns regarding the award of the contract with regard to the installation of the pumps and he requests Mayor and Council move forward with the approval of the agreement with Southern Civil as recommended by Staff. Mr. Parks asked if it benefits the City to approve the contract for installation prior to approval of the purchase of the pumps. Mr. Hughes responded, this is time sensitive and he would like to have as much in place as possible. Mayor pro tem Brown stated the City is going to purchase the pumps to be installed in the lift stations for the possibility of a hurricane. Mr. Hughes responded in the affirmative. Mayor pro tem Brown asked why was the City not renting the pumps as in the past. Dr. Gillen stated the pumps are being purchased with a grant from FEMA. Mr. Hosti asked if the pumps would be used at any other time with the exception of a hurricane. Dr. Gillen responded, no, as they are installed permanently, above flood level. Ms. DeVetter asked the amount of the FEMA grant. Dr. Gillen responded $815,000 and the match is from the Water/Sewer Fund. A discussion ensued regarding the importance of purchasing the pumps as once a hurricane is approaching other municipalities rent and there is a possibility there are none available when we need them. Mayor pro tem Brown stated he is not in favor of this purchase as it is unknown if these pumps will withstand the harsh environment with the salt water environment. Mayor Sessions stated with speaking with the Water/Sewer Department, this purchase is of great importance. She asked Dr. Gillen to address. Dr. Gillen responded this is essential as residents may not come back on the Island until the water/sewer is properly functioning. The City has learned from the past that 8 we need to have pumps reserved and set aside. John Branigin made a motion to approve the contract for installation of the pumps. Monty Parks seconded. Voting in favor were Jay Burke, Monty Parks, John Branigin, Nancy DeVetter and Spec Hosti. Voting against was Barry Brown. Vote to approve, 5-1. Mr. Hughes stated the purchase of the pumps was also part of a Request for Proposal and Staff reviewed and evaluated the responses, made a recommendation, however, since the recommendation was made, two protests has been received by the City. Under the Procurement Policy, the City must go through a procedure which is quick. The purchasing agent will make the initial decision, the complaining party may appeal to the City Manager and if needed can be appealed to Mayor and Council. A representative from Allight Primax was present this evening but he recommended it is not appropriate for him to address Mayor and Council at this stage if there is an appeal as none of the other participants in the process were notified to be present. The two protests need to be dealt with under the process prior to the agreement being awarded. Mr. Hughes stated it is his recommendation that after the first layer of the process is met, the City proceed to award the contract if the protest is rejected. However, if it is accepted, Mayor and Council will have to meet to decide how to move forward. Revocation of the award of the installation contract could happen at that point. He would recommend in the event there is a workshop or meeting scheduled prior to the next City Council Meeting, as soon as the protest is resolved, the award of this contract based on the recommendation if the protest is rejected, both the contracts be dealt with at that time. There would be no vote on the contract tonight. Purchase of Pumps from Goforth Williamson deferred until February 19, 2020, 9:30AM, City Council Workshop. The bids for the Jaycee Park Restroom project were opened at 2:00pm on January 23rd, 2020. There were 6 bids received. This agenda item to request that City Council approve the award to the lowest responsive bidder, CNB Construction, LLC, in the amount of $330,500.00. Attachments: Original ITB, Greenline Plans and Specs, Addendum #1, Bid Sheet, Response from CNB Construction. Mayor pro tem Brown asked Dr. Gillen what the highest bid was. Dr. Gillen stated he does not have that figure but will provide and confirmed there a Penalty Clause in the proposed contract. Dr. Gillen confirmed. Mr. Branigin stated the high bid was $499,047 by R. W. Allen and Company. Mayor pro tem Brown asked Dr. Gillen if the tile used in Memorial Park will be used for the bathrooms in Jaycee Park. Dr. Gillen responded no due to availability. Mayor Sessions asked Dr. Gillen if the proposed contractor has been vetted by the City. Dr. Gillen stated there is certain criteria they must follow and this contractor has met the requirements. Jay Burke made a motion to accept the bid from CNB Construction. John Branigin seconded. Voting in favor were Jay Burke, John Branigin, Nancy DeVetter and Spec Hosti. Voting against were Barry Brown and Monty Parks. Vote to approve, 4-2. Agreement between City of Tybee Island and Tybee Island Marine Science Center. Mr. Hughes stated there are overlapping elements associated with this agenda item. They involved agenda items 10, 11, 12 and 17 respectively. The Agreement with the Marine Science Center is an exhibit to the Agreement with Limewood, which is the LLC of the Makels who are donating by lease a parcel of the property to be used for recreational displays. Mr. Hughes continued, there is no rent paid but they will be covered under the Marine Science Center’s liability coverage as will the City. Providing that liability coverage by the Marine Science Center is required in the Marine Science Center’s lease from the City. Hence it all overlaps. The plat needs to be approved and all can be discussed simultaneously. The proposed lease has been changed so it closer to the existing lease for the south-end building. Maintenance obligation in respect to the building which is the City’s will be the City’s responsibility as they maintain the interior and routine 9 maintenance of the building. The rent to the City has been changed so it includes the cost of the City having the structure insured. This has been estimated at $12,100 from GIRMA which will be paid by the Marine Science Center to the City. He stated representatives from the Marine Science Center are in attendance if there are questions. Mayor Sessions asked if #12, Agreement for First Chatham as to Landlord Release for Marine Science Center and #11, Agreement with Makel’s, can those be voted on independently from the other items or would Mr. Hughes want them discussed with the other items. Mr. Hughes stated his preference, all at the same time including #17, Resolution 2020-02 for Plat Approval. Mayor pro tem Brown made a motion to approve item #10, Agreement between City of Tybee Island the Tybee Island Marine Science; #11, Agreement with Makel, City of Tybee Island and Marine Science Center; #12, Agreement for First Chatham as to Landlord Release for Marine Science Center; and #17, Resolution 2020-02 for Plat Approval: Makel and Marine Science Center. Motion died for lack of second. Nancy DeVetter made a motion to table until the upcoming City Council Workshop, February 19, 2020. Jay Burke seconded. Voting in favor were Jay Burke, Monty Parks, John Branigin, Nancy DeVetter and Spec Hosti. Voting against was Barry Brown. Motion to defer approved, 5-1. Mayor pro tem Brown stated there is another City owned building on the Island that was paid for with SPLOST funding, the Marine Rescue Squadron. Ms., DeVetter would like to see all the non-profit leases for City buildings prior to the workshop. Mayor Sessions asked Council to direct any questions to Mr. Hughes and/or Dr. Gillen so they can all be included in discussions at the upcoming workshop. Deferred until City Council Workshop, February 19, 2020. Agreement with Makel, City of Tybee Island and Marine Science Center. Deferred until City Council Workshop, February 19, 2020. Agreement for First Chatham as to Landlord Release for Marine Science Center. Deferred until City Council Workshop, February 19, 2020. Consideration of Ordinances First Reading, 02-2020, Sec 34-264, Signage - Short Term Vacation Rentals. Monty Parks stated he asked for the proposed ordinance as the City Marshalls asked Mayor and Council to consider shortening the period between when a STVR is sited and when they respond. Currently they have 21 days if cited for not having a sign in front of their STVR. Mr. Parks is recommending changing to seven (7) days. Monty Parks made a motion to approve. John Branigin seconded. Vote was unanimous to approve, 6-0. First Reading, 2020-03, Civil Penalties. Monty Parks stated he supports the proposed ordinance as this will give offenders the opportunity to pay for the violation at the police department and not have to go through the court system unless it is appealed. These tickets can be issued by Non-Post Certified Officer of the law. Dr. Gillen stated he will follow-up later during the meeting. Monty Parks made a motion to approve first reading. John Branigin seconded. Vote was unanimous to approve, 6-0. First Reading, 2020-08, Retirement Plan Ordinance. Dr. Gillen stated this is a housekeeping measure as the IRS requires the Retirement Plan adopt certain provisions. There is a summary of the provisions included in the packet before Mayor and Council. Monty Parks made a motion to approve. Nancy DeVetter seconded. Vote was unanimous to approve, 6-0. Resolution, 2020-01, Supporting Legislation for the Georgia Local Government Infrastructure Finance Authority Act. Mayor Sessions stated she believes Council agrees to remove from the agenda. Council confirmed. NO ACTION TAKEN 10 Resolution 2020-02 for Plat Approval: Makel and Marine Science Center. Deferred until City Council Workshop, February 19, 2020. Resolution 2020-03, to Apply for a Coastal Incentive Grant and Commit upon Award of the Grant to enter into a Project Agreement with the GDNR Coastal Resources Division. Dr. Gillen stated the funds are for the monitoring of the dune system. After the dunes are built the Grant will be used to monitor erosion, growth, and vegetation as this will show the dunes are either growing in size or not. Alan Robertson approached Mayor and Council. Mr. Robertson stated this is the same type grant that was used for the water rate study in the past. The City has applied for a two year grant, $37,000 the first year and $25,000 the second year. He went on to explain the process of plantings in the dunes. Mr. Robertson stated the Resolution is required as part of the application package. Mr. Parks asked if this is a match grant. Mr. Robertson responded in the affirmative. There is no money involved as it is “in-kind” services. Monty Parks made a motion to approve. Jay Burke seconded. Vote was unanimous to approve, 6-0. Resolution 2020-04, In opposition of HB 523 (Monty Parks). Monty Parks read HB 523 per the request of Mayor pro tem Brown. Mayor Sessions stated, for the record, she has spoken with our local legislators to make them aware the House Bill will be on the agenda and Mayor and Council will be voting and sending the Resolution to them. Barry Brown made a motion to approve. Monty Parks seconded. Vote was unanimous to approve. Council, Officials and City Attorney Considerations and Comments Barry Brown stated he is still receiving concerns regarding the answering of City Hall telephones. Mayor pro tem Brown explained the telephone report showing the amount of calls being answer and those going to the auto-attendant. He expressed his concerns and asked Dr. Gillen to address. Mayor Sessions confirmed if someone were to call the main number, it should be answered by a “real” person, if not, the call is directed to the “hunt group” and if not answered at that point the call would go to the auto-attendant. Dr. Gillen confirmed. He will continue to work on better percentages of calls that are answered by his administrative assistance and the “hunt group”. He continued to explain the complications with not having adequate staff due to travel and multitasking duties. Mr. Parks asked if there ever a dedicated receptionist tasked with answering the telephones. Mayor pro tem Brown stated no. Dr. Gillen stated his administrative assistant has multiple duties such as covering Parking during lunch and other projects in City Hall. Mayor Sessions responded customer service is critical to the Island as we are such a small community. It is her desire to move forward to ensure the best customer service available. Builder's Risk Coverage, Marine Science Center. Dr. Gillen stated this agenda item is separate from others related to the Marine Science Center and needs to be dealt with. The Insurance needs to be extended. Mr. Hughes stated this is an extension from February to march 28th on the Builder’s Risk Police and it a change order paid out of the contingency for the building. Spec Hosti made a motion to approve. Monty Parks seconded. Vote was unanimous to approve, 6-0. Shawn Gillen and Matt Harrell approached Mayor and Council to speak to Beach Safety Update - Beach Rule Enforcement Update. Interim Chief Harrell gave an update on the changes with the Ocean Rescue which has now been rebranded to “Beach Safety” which are the lifeguards under the Tybee Fire and Rescue. Schedules will be provided to Mayor and Council outlining training, educational, and actual times they will be in the stands. Zones of coverage were explained which will provide consistency. He is also proposing new stands which will provide better coverage during the heat of the day, solar power for charging stations and stairs which 11 will reduce injuries as guards jumped from the old stands. Chief Harrell stated he would like to purchase three pop-up stands which can be moved to busy areas during the summer. This would be in addition to the new marine grade aluminum. Dr. Gillen moved to the enforcement of beach rules. Chief Bryson is requesting to have his officers not patrol the beach as they are needed on the Strand and Tybrisa to patrol but will still be in the vicinity of the beach. Beach enforcement would be done with technology such as cameras. Code Enforcement Officers will respond to violations such as litter, glass on the beach and damaging of dunes. These will be Non-Post Certified Officers which will be under the supervision of the City Marshall. Mr. Burke asked the cost of the cameras. Dr. Gillen responded approximately $3,000 per camera and will need internet service. He continued, he is not asking for a vote this evening as he will need to bring a budget adjustment before Mayor and Council. Ms. DeVetter asked who will be issuing the tickets, Beach Safety or Code Enforcement. Dr. Gillen responded Code Enforcement as Beach Safety would call in violations. Mr. Branigin agreed that technology is the best approach as the beach is very busy. He also recommended signage at the crossovers to make beach goers aware that cameras are monitoring the beach for rule enforcement. Ms. DeVetter asked if anyone has other violations to add to the ordinance please let her know. Dr. Gillen recommended the sand bar ordinance that was put in place last year. Mayor pro tem Brown asked if the lifeguards would still be using their telephones and playing volleyball while on duty. Chief Harrell addressed Mayor and Council. He explained use of the telephones would not be tolerated while on duty with the exception of their breaks. Volleyball might be included as daily physical training but it will not be while they are on duty. He continued that the guards will now have radios that when there is a need to call dispatch, the police department and fire department will all be able to hear to call. This will give backup if needed. Mayor Sessions thanked both Dr. Gillen and Chief Harrell for their presentation. Barry Brown made a motion to adjourn to Executive Session to discuss Personnel, Real-estate and Litigation. Monty Parks seconded. Vote was unanimous to approve, 6-0. Spec Hosti made a motion to return to regular session. Nancy DeVetter seconded. Vote was unanimous to approve, 6-0. Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous, 6- 0. Meeting adjourned at 10:53. ______________________________ Janet R. LeViner, CMC Clerk 12 13 14 15 16 17 18 19 20 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/Workshop February 19, 2020 21 City Council Minutes February 19, 2020 Mayor Sessions called the City Council Meeting/Workshop to order at 9:30AM, February 19, 2020. Those present were Jay Burke, Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Dana Braun, Legal Counsel; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Mayor Sessions explained thee are items on the agenda carried over from the previous City Council Meeting to properly address. Items for Consideration Diesel Bypass Pumps RFP Contract recommending the pumps be purchased from Goforth Williamson. Mr. Hughes asked Mayor Sessions to discuss this item prior to the discussions regarding the Marine Science Center. Mayor Sessions confirmed. Mr. Hughes stated the City rejected both protests that were received under the Procurement Policy through the City Manager. As the protest has been appealed, it will be decided by Mayor and Council. This cannot be done at this meeting as the information is not available as of yet. He recommended this item be heard at the February 27, 2020 City Council Meeting. Monty Parks made a motion to defer until the City Council Meeting, February 27, 2020. Barry Brown seconded. Vote was unanimous to approve, 6-0. Agreement between City of Tybee Island and Tybee Island Marine Science Center (MSC). Mr. Hughes stated he will be happy to discuss the agenda items regarding the Marine Science Center in unison as some points are easier than others. He has received many comments regarding the term of the lease. The MSC is a non-profit, receives benefits from the City and they should provide the financial information as other non-profits do. This way, the City can track the benefits as they flow to the City. This has not been covered in the lease of the existing structure but may have been covered in the grant process when discussed during the budget cycle. The initial term of the lease is 15 years with rights for renewal three (3) times to bring it to 30 years. Mr. Hughes continued, the term of the lease was recommended by him due to the term of the bond financing through the Chatham County Recreational Authority. Marine Rescue Squadron has a 15 year lease with a renewal and Shine Club is 15 years with a renewal. He feels the term seems to be reasonable. He expressed his concerns with the term of the lease if extended past 15 years without renewals as it may not be enforceable. If no formula for rent is included in the agreement then the agreement is not valid. Mayor Sessions asked the City Manager to prepare, in the interest of transparency, what the City is paying for with the construction of the MSC building and what the MSC is paying for as residents would like clarity. Dr. Gillen distributed a Final Closing Memorandum to Mayor and Council (attached). Mayor pro tem Brown asked regarding insurance, the $12,000, what is that actually for. Mr. Hughes responded, the building. He stated originally the MSC was going to build the building but the City is responsible for the building being built and the financing going through the Recreational Authority. In the original draft of the lease, the MSC was insuring the building for the City and going forward the building will be insured by the City but this is to reimburse to the City for the cost the MSC incurs in insuring the building. Ms. DeVetter stated she has reviewed the other leases regarding the non- profits using city buildings. She stated the leases are different and most do have a 15 year lease with the exception of Tybee Arts Association as they have a one (1) year lease. Mr. Hughes stated the MSC will insure the contents of the building and those contents will be used for collateral for the Agreement with First Chatham Bank. Mr. Branigin stated he fully supports the MSC as it is a tremendous asset to the City and Mayor and Council need to look at the term of the lease. Whether the MSC is paying $10 a year or $10,000 a year does not mean much as it 22 applies to the City’s debit service. The perception that $10 rent per year is too low. He would recommend Mayor and Council have the option to review on a five (5) year basis and language should be included that requires the MSC to provide a copy of the financial statement on an annual basis. In this way the rent can be adjusted according to the MSC’s profit. Mayor Sessions concurred with Mr. Branigin regarding the perception of the proposed rent of $10 is too low. She supports the MSC and a five (5) year time period is not unreasonable to consider. Mayor Sessions stated the MSC Board has provided their minutes to Mayor and Council in a timely manner and they have not been required to provide their financials. She asked that going forward they provide their financials. Mayor Sessions then asked Dr. Gillen to review the Final Closing Memorandum that he distributed earlier. She stated the MSC is taking care of the daily operations, the staff, and the insurance payment of $12,100 as she understands. Dr. Gillen went over the highlights of the Memorandum to include the twenty year term of the Bond. Dr. Gillen stated the Hotel/Motel Tax was increased so those funds would be used for the construction of the MSC. Mayor pro tem Brown concurred as Mayor and Council worked diligently to have that legislation passed. Mr. Hosti asked Mr. Hughes if the lease is not 15 years will the MSC have issues with procuring a loan from First Chatham Bank. Mr. Hughes recommended the Board of the MSC answer that question. Ms. DeVetter asked a representative from the MSC to approach Mayor and Council to respond. Harold Yellin, Attorney, MSC Board, approached Mayor and Council. Ms. DeVetter stated she will support a five (5) year re-examination period regarding the lease. Mr. Yellin stated the MSC Board is not opposed to presenting financials and audited financial statements are given to the City Manager every year. As to a re-examination every five (5) years is completely acceptable to the Board. As to the term, the Board originally asked for thirty years as their current lease is thirty years. The City Attorney asked for a fifteen year lease with the renewals of five (5) year, three times. The Board’s idea was originally thirty years but will agree to the five (5) year and renewals. The Board is involved with negotiations with the lender and will be borrowing a substantial amount of money for furniture, fixtures and equipment, approximately $1.2M - $1.5M and will have a substantial investment in the building. Mr. Yellin continued to explain the MSC Board thought it would be better for the City to insure the building rather than them having a standalone policy and to answer Ms. DeVetter’s question, the MSC will have $1M liability policy. He is asking Mayor and Council to consider a 15 year lease and will pledge to the City to provide audited financials as well as workshops if needed. Mayor pro tem Brown asked if the MSC will carry Workman’s Comp coverage. Mr. Yellin confirmed and if it is not in the comprehensive policy, it will be added. Mr. Hughes confirmed that Workman’s Comp will be included in the insurance section on their employees. Ms. DeVetter asked Mr. Yellin if it would be his preference to have the rent waived for five (5) years. Mr. Braun stated there needs to be something in the lease stating how the rent is going to be established exactly. There needs to be a formula as to how the rent is established. A discussed ensued regarding the different scenarios regarding the establishment of the rent as to a certain amount being waived for the first (5) years or a certain amount per visitor. Mr. Braun recommended the lease be set for more than five (5) years. Mr. Yellin agreed as lenders are looking for predictability and if a lease term is included in the lease that is unpredictable might deter the ability to obtain a loan. Mr. Parks expressed his concerns with the $1.5M in outstanding debt. He would rather the City write the note than a bank so the City has the flexibility and he would have liked the possibility Mayor and Council have the option to underwrite the note. Mr. Parks continued, there is $3.5M in Bond and $600,000 is set aside with SPLOST totally over $4M currently. He feels the MSC is most fundable organizations on the southeast coast to this point. He also feels the MSC has every buzz word for grants, foundations, federal and state money and loans. Ms. Sakas stated the Board has been working off the SPLOST money to get the design moving forward and once the design was completed, the Board was about to raise money. She stated the Board needed to do a Capital Campaign prior to raise donations. They have received two (2) $100,000 grants and was told the money would be received in increments and they are receiving additional pledges to date. Those pledges can be 23 in a lump sum or over a five (5) year period. Members are now going to other individuals for donations/grants. Letters have been sent to the residents giving them the opportunity to donate to the MSC. Mr. Parks asked if the Board is soliciting grants or foundational support from groups such as the federal, state, local and international financing opportunities. Ms. Sakas confirmed and stated they have received a NOVA Grant and are in the process of working those various avenues. Mr. Parks stated he will vote in favor of the lease and would like an option in the future to know the City has a chance to recover some portion of the debit. Mr. Yellin confirmed the City will receive audited financials on a regular basis and Mayor and Council will have the opportunity to question any part of the financials and grant process. Maria Procopio approached Mayor and Council. Ms. Procopio stated the Board is indeed soliciting corporate and private foundation grants. They have not been able to find municipal grants to date that they are qualified for. This loan is a Bridge Loan as pledges and grants that have been received have timelines in terms of requesting as well as distribution timelines. Ms. Procopio explained the loan will be spent on exhibits, cabinetry, plumbing, concrete pad pours, and upgrading the windows in the new facility to sea turtle glass. The relationship with the MSC and the City is a partnership thus attributing to the success of the MSC. Mr. Parks asked if the MSC was paying for their sign, security, generator, and security systems. Ms. Procopio confirmed the MSC would pay for everything he is asking. Mr. Parks stated he would like to go on record as saying what was agreed to him in the past that no additional monies required from the City. Mr. Parks made reference to Section 1.8, Permitted Uses, has changed from the old lease but not changed in the new lease. Mr. Yellin addressed Mr. Parks’ concerns regarding permitted events to be held at the MSC as well as the number of public bathrooms. Ms. Procopio stated it is their intent to have events at the MSC that would include programs for children and young adults. They get a MSC program as they are not renting the venue for events not associated with the MSC. It is part of an environmental education program. Mr. Parks stated he is moving on to Sec 8.1 which deal with maintenance of the property and who is responsible. Mr. Hughes responded those provisions were added while the building was built. The building is now completed or close to it and the maintenance obligation is now addressed in Subsection C. Mr. Hughes stated the proposed lease will now be a standard owner/tenant lease obligation. Mr. Parks would like clarification regarding maintaining of real property and items to include exhibits and signs. Mr. Braun made recommendation to include language in Article 10.2(a) where the MSC will insure the contents signs and personal property. Mr. Branigin recommended wording be added to include electric, mechanical, plumbing and HVAC Systems as provided by the City. Mr. Hughes confirmed. Mr. Parks then made reference to parking. Mr. Hughes stated what parking is available is delineated on the plans. It is similar to the existing structure. There are Memorandums of Understanding that address parking for the south-end structure. Ms. DeVetter recommended there be a separate document, Memorandum of Understanding, which would address parking on the north-end structure. Mr. Parks asked when the new facility will be open to the public. Ms. Procopio responded September 2020. The building will be ready sooner but May, June and July are the primary revenue generating months and they do not want to lose that opportunity. Ms. Procopio continued during those months she will be fabricating exhibits and completing projects. She stated they will be creating the Public Relations Plan shortly which will provide possible funding and announcing approximate opening. Mr. Branigin expressed his concerns regarding the lease amount as it is too generous of a gift. Ms. DeVetter recommended removing the $1,200 insurance coverage and look back period of cost per head. Mr. Yellin stated cost per head might be a problem as there are programs the MSC using which gives free admission. After a short discussion, John Branigin made a motion to approve the lease with the following changes:  Add a section that rent will be for years 1 – 5, $10 per year; years 6 – 10, $5,000 per year; and for years 11-15, $10,000 per year  Reference Sec 8.2, piece parts in the section are only those initially provided by the City in terms of the building 24 �� No change in the insurance as stated in the current draft �� Article 10.2(a), to include exhibits and signs which belongs to the Marine Science Center Discussions: Spec Hosti stated as a point of record, the Hotel/Motel Tax will be paying for the MSC, $3.5M. Mr. Hughes confirmed. Nancy DeVetter made a motion, after a discussion, to amend the pending motion for approval to allow the Marine Science Center to have events and gatherings are permitted. Jay Burke seconded. Vote was unanimous to approve the amendment to the motion, 6-0. Monty Parks seconded the motion to approve the lease to include the amendment. Vote was unanimous, 6-0. Mr. Hughes stated the final lease will be before Mayor and Council for approval by March 12, 2020. Agreement with Makel, City of Tybee Island and Marine Science Center. Spec Hosti made a motion to approve. Monty Parks seconded. Vote was unanimous to approve, 6-0. Resolution 2020-02 for Plat approval: Makel and Marine Science Center. Spec Hosti made a motion to approve. Monty Parks seconded. Vote was unanimous to approve, 6-0. Agreement for First Chatham as to Landlord Release for Marine Science Center. Monty Parks made a motion to approve. Barry Brown seconded. Vote was unanimous, 6-0. Mayor Sessions recommended Mayor and Council review all the leases for the City owned buildings for consistency. Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous to approve, 6-0. Meeting adjourned at 11:05AM. ______________________________ Janet R. LeViner, CMC Clerk 25 26 27 28 29 30 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. Ethics Commission Ben Goggins (incumbent) James McNaughton (incumbent) 31 32 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. Agenda Request: Alcohol and Entertainment License Request: Fresh Catch Tybee dba Pier 16: Liquor/Beer/Wine/Sunday Sales; Entertainment 1601 Inlet Ave 33 34 35 36 37 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. Out of State Travel, Michelle Owens. Attend National Main Street Conference, May 18 - 20, 2020. Line Item 100-7300-52-3500, $1,600. 38 39 40 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 15. Budget adjustment to cover shortage in the Animal Control personnel budget. 41 Date Received by Finance: FINANCE USE ONLY: Date:Packet No. Purpose: Adjusted Department Account Description Account Number Current Budget (Expenditures)Budget Balance DECREASE ```Budget Balance TIPD Salaries & Wages 100-3210-51-1100 1,556,132.00 777,333.61 778,798.39 38,000.00 740,798.39 TIPD Health Insurance Benefits 100-3210-51-2100 336,213.00 177,254.60 158,958.40 6,000.00 152,958.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTAL LINE ITEM DECREASES:44,000.00$ xx Department Account Description Account Number Current Budget (Expenditures)Budget Balance ```INCREASE Budget Balance Animal Cont Salaries & Wages 100-3226-51-1100 34,071.00 37,814.92 (3,743.92)41,000.00 37,256.08 Animal Cont FICA Soc Sec 100-3226-51-2200 2,136.00 2,376.51 (240.51)2,400.00 2,159.49 Animal Cont FICA Medicare 100-3226-51-2300 500.00 555.80 (55.80)600.00 544.20 Animal Cont 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTAL LINE ITEM INCREASES:xx 44,000.00$ Net Change 44,000.00$ 44,000.00$ Signature : _____________________________________________ Date __________________ ____________________________________ Was the Budget Amendment Request approved by the City Council? YES NO N/A If yes, please indicate the date approval was given: _____________________________Date:____________________________________ Attach Copy of Agenda Item and minutes from the City Council Meeting Approved by: ___________________________________________ Date: __________________ LINE ITEM INCREASES Signature of Finance Employee who Processed the Request: Cover budget shortages in Animal Control personnel Budget Adjustment Requested LINE ITEM DECREASES BA Ref No. CITY OF TYBEE ISLAND, GEORGIA BUDGET LINE ITEM TRANSFER REQUEST FORM TIPD 1/1/2020 Department Submitted By: 42 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. Statewide Mutual Aid and Assistance Agreement from GEMA 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 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. Water/Sewer Budget Adjustment Request to Purchase a Street Sweeper - $220,000 from 100-4250-54-2102 to 100-4250-54-2100 58 Water/Sewer Budget Adjustment Request Street Sweeper The existing street sweeper was bought in 2017 with SPLOST funds and has spent more time in the shop than operational. The current sweeper is a vacuum style sweeper. When it sucks up the sand from the roadways it acts like a sand blaster and wears out the hopper which is used for storage. Sections of the hopper have been replaced with new sheet steel. The electronics on the current sweeper have continually broken down and the repair bills have been very costly to our maintenance budget. We have not had the sweeper out in the last four months because it has once again broken down. The sweeper I am proposing to buy is a Pelican model which is produced by Elgin. It sweeps the debris onto a conveyor belt and then the debris is dropped into the hopper. This style of street sweeper is the industry standard and used by many municipalities. As part of our ongoing MS4 Storm water permit we are required to keep the roadways swept to reduce the amount of suspended solids from entering our storm sewer system and entering the waters of the state. We also need to maintain a regularly scheduled street sweeping schedule to keep the streets looking clean. We use the sweeper after every parade to pick up debris on the parade route. Clean streets mean cleaner storm sewers and inlets which in turn will lead to less localized flooding. 59 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. Purchase of Clarifier - Budget Amendment - $600,000 From 505-0000-39-1300 to 505- 4310-54-1400 60 Water/Sewer Budget Adjustment Request – Clarifier - Budget Amendment - $600,000 From 505-0000-39- 1300 to 505-4310-54-1400 Clarifier The existing 65-foot diameter clarifier is 20 years old and beyond its useful life. Last week the worm box which runs the gears broke again and bent the drive shaft of the clarifier. With this clarifier going down we lost 50 percent of the capacity of the plant. We can handle the current influent flows, but once the tourist season starts we will need both clarifiers in operations to keep within permit limits. The purpose of the clarifier is to remove solids from the influent flows to the wastewater treatment plant. That’s the first of many steps in treating wastewater. The concentrated solids (sludge) are discharged from the bottom of the tank. The particles that float to the surface of the liquid are called scum. By removing solids you produce a cleaner effluent and concentrate solids. The concentration of solids removed from the wastewater reduces the volume of sludge for dewatering and disposal. We are proposing to replace the clarifier with a new Walker Process Clarifier to match the other existing one. This way we only have to stock parts for one manufacturer of clarifiers. We are in the process of getting quotes to replace the clarifier. In the meantime we will be doing some temporary repairs to get the existing clarifier up and running. 61 Date Received by Finance: FINANCE USE ONLY: Date:Packet No. Purpose: Adjusted Department Account Description Account Number Current Budget (Expenditures)Budget Balance DECREASE ```Budget Balance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTAL LINE ITEM DECREASES:-$ xx Department Account Description Account Number Current Budget (Expenditures)Budget Balance ```INCREASE Budget Balance W/S Prior Year Fund Balance 505-00-39-1300 1,749,462.00 1,749,462.00 600,000.00 2,349,462.00 Sewer Infrastructure 505-4310-54-1400 550,000.00 32,927.39 517,072.61 600,000.00 1,117,072.61 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTAL LINE ITEM INCREASES:xx 1,200,000.00$ Net Change -$ 1,200,000.00$ Signature : _____________________________________________ Date __________________ ____________________________________ Was the Budget Amendment Request approved by the City Council? YES NO N/A If yes, please indicate the date approval was given: _____________________________Date:____________________________________ Attach Copy of Agenda Item and minutes from the City Council Meeting Approved by: ___________________________________________ Date: __________________ CITY OF TYBEE ISLAND, GEORGIA BUDGET LINE ITEM TRANSFER REQUEST FORM W/S 9/30/2019 Department Submitted By: Add funds to Sewer Infrastructure from W/S Fund balance to cover new clarifier. Budget Adjustment Requested LINE ITEM DECREASES BA Ref No. LINE ITEM INCREASES Signature of Finance Employee who Processed the Request: 62 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: 20. Purchase parts to install into the existing clarifier that is currently non- operational. Budget Adjustment from various accounts to Line Items 505-4310-52-2205 and 505-4310-52-1310 63 64 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: 24. Second Reading, 2020-02, Sec 34-264 - Short Term Vacation Rentals 65 66 67 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: 25. Second Reading, 2020-03, Civil Penalties 68 69 70 71 72 73 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. Second Reading, 2020-08, Retirement Plan Ordinance 74 75 76 77 78 79 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: 27. Second Reading, 2020-12, Article III, Sec 3-170, Home Occupations and Home Business Offices 80 81 82 83 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: 28. Second Reading 2020-13, Sec 2-010, Terms and Definitions - Home Occupation 84 ORDINANCE NO. 2020-13 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, SO AS TO PROVIDE FOR TERMS AND DEFINITIONS FOR HOME OCCUPATION BUSINESSES AND TO ESTABLISH AN EFFECTIVE DATE, AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizen of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under its polic e and home rule powers. NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: SECTION 1 Code Section 2-010 be amended so as to read as follows: Sec. 2-010. Terms and definitions Home occupation means an occupation customarily carried on within a home for gain or support, involving the sale of only those articles, products or services produced on the premises, conducted entirely within a dwelling unit and conducted entirely by persons residing and up to one employee in the dwelling unit, using only that equipment as is customarily found in a home and involving no display of articles or products. SECTION 2 All ordinances and parts of ordinances in conflict herewith are expressly repealed. 85 SECTION 3 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 maybe renumbered to accomplish such intention. SECTION 4 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. The ordinance shall be become effective on _______ day of ___________, 2020. ADOPTED THIS _____ DAY OF _______________, 2020. ___________________________ MAYOR ATTEST _________________________ CLERK OF COUNCIL FIRST READING: __________ SECOND READING: __________ ENACTED: __________ 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: 29. First Reading, 2020-06, Chapter 70, Art IIIA, Backflow Ordinance/Prevention Program 87 1 ORDINANCE NO. 06-2020 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SO AS TO ESTABLISH A BACKFLOW PREVENTION ORDINANCE AND TO CODIFY THE SAME SO AS TO PREVENT THE BACK FLOW OF CONTAMINANTS INTO THE POTABLE WATER SYSTEM OF THE CITY, TO REPEAL CONFLICTING ORDINANCES, TO ESTABLISH AN EFFECTIVE DATE AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Isla nd, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers, and WHEREAS, the city operates a potable water system and maintains the system to provide the city with water free of contaminants, and NOW, THEREFORE, be it resolved and it is hereby ordained by the governing authority of the City of Tybee Island as follows: The City hereby adopts, in full, the backflow ordinance/prevention program as part of the Code of Ordinances of the City of Tybee Island and such provisions shall be enforced as provided by law. The following shall be codified, Sections _____ through _____ of Chapter 70, Article IIIA shall provide as follows: 88 2 TABLE OF CONTENTS I. Purpose 3 II. Authority 3 III. Responsibility 3 IV. Definitions 4 V. Administration 8 VI. Requirements 9 VII. Degree of Hazard 10 VIII. Permits 10 IX. Approval of Backflow Prevention Devices 11 X. Periodic Testing 11 XI. Records and Reports 12 XII. Cross Connection Emergency Response Plan 13 89 3 CITY OF TYBEE ISLAND WATER AND SEWER DEPARTMENT BACKFLOW PREVENTION ORDINANCE/PROGRAM I. PURPOSE a. To protect the public potable water supply served by the City of Tybee Island from the possibility of contamination or pollution by isolating, within its customers internal distribution system, such contaminants or pollutants which could backflow or back-siphon into the public water system. b. To promote the elimination or control of existing cross connections, actual or potential, between a non-residential potable water system and non-potable systems. c. To provide for the maintenance of a continuing program of cross-connection control which will effectively prevent the contamination or pollution of all potable water systems e cross-connection. II. AUTHORITY a. The United States Environmental protection Agency Safe Drinking water Act of 1974 and the Georgia Safe Drinking water Act of 1977 state that the water purveyor has the primary responsibility for preventing water from unapproved sources, or any other substances, from entering the public potable water supply. b. The City of Tybee Island ordinances as adopted. III. RESPONSIBILITY a. The Director of the Water and Sewer Department shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or backsiphonage of contaminants or pollutants through the water service connection. If in the judgement of the Director of the Water and Sewer Department, an approved backflow device is required at the water service connection to any customer’s premises, the Director or his delegated agent, shall give notice, in writing, to said customer to install an approved backflow prevention device at each service connection to the premises. The customer shall, within 90 days, install such approved device or devices, at the customers own expense, failure, refusal or inability on the part of the customer to install said device or devices within 90 days, shall constitute grounds for discontinuing water service to the premises until such device or devices have been properly installed. 90 4 IV. DEFINITIONS a. Approved Approved by the Director of the Water and Sewer Department as meeting an applicable specification stated or cited in program or as suitable for the proposed use. b. Auxiliary water Supply Any water supply, on or available, to the premises other than the City of Tybee Island’s approved public potable water supply. c. Backflow The flow of water or other liquids, mixtures or substances, under positive or reduced pressure in the distribution pipes of the potable water supply from any source than the one intended. d. Backflow Preventer A device or means designed to prevent backflow or backsiphonage. Most commonly categorized as an air gap, pressure vacuum breaker, dual check valve, double check with intermediate atmospheric vent and barometric loop. d.1 Air Gap A physical separation sufficient to prevent backflow between the free flowing discharge end of the potable water system and any other system. Physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one inch. d.2 Atmospheric Vacuum Breaker A device that prevents backsiphonage by creating an atmospheric vent when there is either a negative pressure or sub-atmospheric pressure in a water system. d.3 Barometric Loop A fabricated piping arrangement rising at least 35 feet at its topmost point above the highest fixture it supplies. It is used in water supply systems to prevent backsiphonage. 4 d.4 Double Check Valve Assembly An assembly of two independently operating spring loaded check valves with tightly closing shut off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. d.5 Double Check Valve with Intermediate Atmospheric Vent A device having two spring loaded check valves separated by an atmospheric vent chamber. 91 5 d.6 Hose Bibb vacuum Breaker A device that is permanently attached to a hose bibb, which acts as an atmospheric vacuum breaker. d.7 Pressure Vacuum Breaker A device containing one or two independently operated spring loaded check valves and an independently operated spring loaded inlet valve located on the discharge side of the check or checks. The device includes tightly closing shut off valves on each side of the check valves and properly located test cocks for the testing of the check valves. d.8 Reduced Pressure Principal Backflow Preventer An assembly consisting of two independently operating approved check valves with an automatically operating differential relief valve located between the two check valves, tightly closing shut-off valves on each side the check valves. Plus, properly located test cocks for the testing of check valves and relief valves. Also known as an RPZ or RP backflow preventer. d.9 Dual Check Backflow Preventer An assembly of two spring loaded, independently operating check valves that do not tightly close off shut-off valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device. e. Back Pressure A condition in which the customers system pressure is greater than the system pressure. f. Backsiphonage The flow of water or other liquids, mixture or substances into the distribution pipes of the potable water supply system from any source other than its intended source, caused by the sudden reduction in pressure in the potable water system. g. Containment A method of backflow prevention that requires a backflow preventer at the water service entrance. h. Contaminant A substance that will impair the quality of water to a degree that it creates a serious health hazard to the public, leading to poisoning or the spread of disease. i. Cross-connection An actual or potential connection between the public water supply and a source of contamination or pollution. 92 6 j. Environmental Protection Division (EPD) The State of Georgia Environmental Protection Division of the Georgia Department of Natural Resources. k. Director The Director or his representative in the Water and Sewer Department is invested with the authority and responsibility for the implementation of a Backflow Prevention Program and for the enforcement of the provisions of the ordinance. l. Fixture Isolation A method of backflow prevention in which a backflow preventer is located to correct a cross-connection at an in-plant location rather than at a water service entrance. Interior connections are secondary to the primary device at the public main connection and testing reports are not generally reported to the utility. m. Owner Any person who has legal title to, or license to operate or habitat in a property upon which a cross-connection inspection is to be made or upon which a cross-connection is present. n. Permit A document issued by The City of Tybee Island that allows for the use of a backflow preventer. o. Person Any individual, partnership, company, public or private corporation, political subdivision or agency of the state, agency or instrumentality of the United States or any other legal entity. p. Pollutant A foreign substance that if permitted to get into the public water system will degrade its quality, so as to constitute a moderate hazard or impair the water to a degree which does not create an actual hazard to the public itself but which does adversely and unreasonably effect such water for domestic use. q. Water Service Entrance That point in the owners water system beyond the sanitary control of the distribution system, generally considered to be the outlet end of the water meter and always before any unprotected branch. V. ADMINISTRATION a. The City of Tybee Island Water and Sewer Department will operate a backflow prevention program, to include the keeping of necessary records, which fulfills the requirements of the City’s Cross-connection regulations as outlined in the ordinance 93 7 b. The owner shall allow his property to be inspected for possible cross-connections and shall follow the provisions of the City’s program if a cross-connection is detected. c. If the Water and Sewer Department requires that the public water supply be protected by containment, the owner shall be responsible for water quality beyond the outlet end of the containment device and should utilize fixture outlet protection for this purpose. d. The Director may utilize public health officials or personnel from the Water and Sewer Department or delegated representatives to assist the Owner in the survey of his facilities and to assist him in the selection of proper fixture outlet devices and the proper installation of these devices. VI. Requirements a. Water and Sewer Department On new installations, the Water and Sewer Department will provide onsite evaluation and inspection of plans, in order to determine the type of backflow prevention device, if any that will be required. The Department will issue permits and schedule routine inspections and tests. In any case a minimum of a double check valve will be required in any new construction. b. For premises existing prior to the start of this program, the Water and Sewer Department will conduct evaluations and inspections of the premises and inform the owner by letter of any correction deemed necessary, the method of achieving the correction and the time allowed to make the correction. Normally 90 90 days will be allowed. This period may be shortened, depending on the degree of hazard involved and the history of the device involved. c. The Department will not allow any cross-connection to remain unless it is protected by an approved backflow prevention device, for which a permit has been issued and which will be regularly tested to ensure satisfactory operation. The Water and Sewer Department shall inform the Owner by letter of any failure to comply, by the time of the first re-inspection. The Owner will be allowed an additional 15 days for the correction. In the event the Owner fails to comply with the necessary correction by the time of the second re-inspection, the Department will inform the Owner by letter, that the water service will be terminated within a period of five days. In the event d. The Owner informs the Department of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the Department, but in no case will exceed thirty days. e. If the Water and Sewer Department determines at any time that a serious threat to public health exists, the water service will be terminated immediately. f. The Department shall have on file a list of private contractors who are certified backflow device testers. The Owner will pay all charges for these tests. 94 8 Owner a. The owner shall be responsible for the elimination or protection of all cross-connections on his premises. b. The Owner, after having been informed by letter from the Water and Sewer Department, shall at his expense, install, maintain and test, or have tested, any and all backflow preventers on his premises. c. The Owner shall correct any malfunction of the backflow preventer that is revealed by periodic testing. d. The Owner shall inform the Water and Sewer Department of any proposed or modified cross-connections of which the Owner is aware but has not been found by the Department. e. The owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shutdown operation for testing of the device, must supply additional devices as needed to allow testing to take place. f. The Owner shall install backflow preventers in a manner approved by the Water and Sewer Department. g. The Owner shall only install backflow preventers approved by the Water and Sewer Department. h. Any Owner having a private well or other private water source must not cross-connect the well or source to The City of Tybee Islands water system. i. In the event the Owner installs plumbing to provide potable water for domestic purposes, which is on the City of Tybee Island side of the backflow preventer, such plumbing must have its own backflow preventer installed. For residential purposes, the required backflow preventer will be supplied by the City as part of the meter when purchased. j. The Owner shall be responsible for the payment of all fees for permits, annual or semi- annual device testing as well as retesting in case that device fails to operate correctly or has been found to be in non-compliance with the water and Sewer Department requirements. VII. Degree of Hazard The Water and Sewer Department recognizes the threat to the public water system arising from cross connections. All threats will be classified by degree of hazard, listed below as Low, Medium and High risk. a. Category I, High risk: A facility considered as a possible source of contaminants. The category would include Doctors and Dentist offices, metal plating operations, chemical companies, facilities that have the capability of exerting back pressure on their water tap 95 9 and other business’s using toxic substances. These operations shall be required to install a reduced pressure principal backflow prevention assembly for maximum protection. b. Category II, Medium risk: A facility considered as a possible source of pollutants. This category would include businesses such as grocery stores, restaurants, day care centers, master metered office buildings and any business that has an auxiliary water supply. These operations shall be required to install either a reduced pressure principal backflow prevention assembly or a double check valve backflow prevention assembly, dependent on their required degree of protection. c. Category III, Low risk: Considered to be least likely to be a source of contaminant or pollutant. Typically this would include single or duplex family dwellings or offices served by a single water d. Category III, Low risk: Considered to be the least likely to be a source of contaminant or pollutants meter. All low risk facilities shall be required to install a dual check valve backflow prevention assembly, unless one has already been installed by the Water and Sewer Department. VIII. Permits The water and Sewer Department shall not permit a cross connection within the public water supply system unless considered necessary and that it cannot be eliminated. a. Cross connection permits that are required for each backflow prevention device are obtained from the Water and Sewer Department. b. Permits shall be reviewed annually for Medium and High risk devices and are non- transferable. Permits are subject to revocation and become immediately revoked if the Owner should so change the type of cross-connection device or degree of hazard associated with the service. c. A permit is not required when fixture isolation is achieved with the utilization of a non- testable backflow preventer, such as those dual check backflow assemblies installed in Category III, Low risk facilities IX. Approval of Backflow Prevention Devices Any existing backflow preventer shall be allowed by the Water and Sewer Department to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer or result in an unreasonable risk to the public health. Where the degree of hazard has increased, any existing backflow preventer must be upgraded to a reduced pressure principal device or a reduced pressure principal device must be installed in the event that no backflow device was present. 96 10 All backflow prevention devices at the connection to the public system must be approved by the Water and Sewer department in accordance with the applicable standards of the American Society of sanitary Engineering, the American national Standard Institute, the American Water Works Association, the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research, the Standard Plumbing Codes and the City of Tybee Island Backflow Prevention Program. X. Periodic Testing a. All testable backflow prevention devices shall be tested and inspected at least annually. b. Periodic testing shall be performed by a certified tester, approved in advance by the water and Sewer Department. This testing will be done at the Owners expense. c. Any backflow preventer that fails during a periodic test will be repaired or replaced. When repairs are necessary, upon completion of the repair, the device will be re-tested at the Owners expense to ensure correct operation. High hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a compliance date of not more than thirty days after the test date will be established. The Owner is responsible for spare parts, repair tools or a replacement device. Parallel installation of two devices is an effective means of the Owner ensuring that uninterrupted water service during testing or repair of the devices and is strongly recommended when the Owner desires such continuity. Backflow prevention devices will be tested more frequently than specified in a. above, in cases where there is a history of test failures and the Water and Sewer Department feels that due to the degree of hazard involved, additional testing is warranted. Cost of the additional testing will be borne by the Owner. XI. Records and Reports a. Records The City of Tybee Island water and Sewer Department will initiate and maintain the following: 1. Master files on customer cross-connection tests and/or inspections. 2. Master files on cross-connection permits. 3. Paper and Digital copies of each permit and permit application. 4. Paper and digital copies of lists and summaries supplied to the Water and Sewer Department. XII. Cross-connection Emergency Response Plan 97 11 All customer inquiries concerning water quality are directed to the Water and Sewer Department. When a complaint is received, it is evaluated over the phone with the customer. If the complaint is determined to be a potential problem, a member of the Water and Sewer Department will be dispatched to the area reporting the problem. On arrival, the technician will: a. Make a preliminary judgement of the problem by checking odor and taste. b. If a cross-connection problem is suspected, notify the Director immediately. If the preliminary report indicates the necessity, the Director may activate follow up procedures before samples are sent to the laboratory. c. Pick up samples and take them to the laboratory for testing. These samples will be tested for the nature of the pollutant or contaminant If tests indicate a problem, an onsite inspection for possible sources of contamination will be done, as well as checking the files for potential sources of contamination in the area. The Director will evaluate the situation and activate any or all of the following options. Direct the line crew to open and flush hydrants in the area. a. If a potentially hazardous cross-connection is found in the vicinity of the area, the responsible person or owner, with personnel from the water and Sewer department will make an immediate inspection. If a cross-connection exists, it will be corrected or the water service will be shut off. The Owner of where the cross-connection is found will bear the cost correcting the affected system. b. Close valves to isolate the problem area from the rest of the distribution system. c. Notify customers in the affected area, using emergency notification methods established for boil water advisories. d. Should a health hazard be revealed, additional checks to establish the limits of the problem area will be made. The problem area will be flushed and treated until proven safe. Personal contact will be made to all customers in the affected area. Standard Operating Procedure of the Water and Sewer Department provide for personnel to be on duty or on call 24 hours a day, 7 days a week. The Director will be informed of emergency problems. SECTION 2 All ordinances and parts of ordinances in conflict herewith are expressly repealed. 98 12 SECTION 3 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 4 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of __________________, 2020. ADOPTED THIS DAY OF , 2020. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: 99 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: 30. First Reading, 2020-05, Sec 70-76, Use of the Public Sewer 100 1 ORDINANCE NO. 05-2020 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SO AS TO REVISE THE PROVISIONS THEREOF IN CONNECTION WITH THE WATER OR SEWER SYSTEM OF THE CITY REGARDING WASTE WATER AND POLLUTANTS AND TO PROVIDE FOR PROVISIONS TO THE ORDINANCE AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers, and WHEREAS, the City of Tybee Island operates a public sewer system WHEREAS, the City needs to update and revise its ordinances pertaining to the use of the public sewer as codified in 70-76 et seq.. and WHEREAS, the changes are consistent with the need to improve the public health, safety and welfare. NOW, THEREFORE, be it ordained by the Mayor and Council that the Code of Ordinances is hereby amended so as to revise Section 70-76 through 70-81 as follows: SECTION 1 Section 70-76 USE OF THE PUBLIC SEWER: 101 2 (a) Generally: No person shall cause harm to any part of the City’s water or sewer system, nor discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage cooling water, polluted or unpolluted industrial process waters to any sanitary sewer. Nor shall any person discharge or cause to be discharged to any sanitary sewer any other “prohibited discharges”. When such discharges do occur, the person responsible shall be charged for the expenditures made by the city as a result thereof, plus shall be subject to section 1-1-8 General Penalties. (b) Unpolluted Drainage: Storm water and all other unpolluted drainage shall be discharged to those sewers as are specifically designated as storm sewers or to a natural outlet approved by the Wastewater Superintendent. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the Wastewater Superintendent, to a storm sewer or natural outlet. (c) Prohibited Discharges: Except as herein provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer. 1. Any liquid or vapor having a temperature higher than one hundred forty (140) degrees Fahrenheit. 2. Any water or waste containing more than one hundred (100) milligrams per liter (mg/L) of fats, oils or greases. 3. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas. 4. Any garbage that has not been properly shredded. 5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewer system. This provision also includes ground or shredded paper products. 6. Any water or wastes having a pH lower than five and five tenths (5.5 su) or higher than nine (9 su) or having any other corrosive property capable of causing damage or hazard to structure, equipment, personnel of the sewer system or the Wastewater Plant. 7. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewer line or any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the influent of the Wastewater Treatment Plant. 8. Any water or wastes containing Total Suspended Solids of any characteristic and quantity, so that unusual attention or expense is required to treat those materials at the Wastewater Treatment Plant. 9. Any noxious or malodorous gas or substance capable of creating a public nuisance, including hydrogen sulfide, nitrous oxide, and sulfur dioxide which shall be limited to less than one (1) mg/L. High concentrations of chlorine (greater than three (3)) mg/L shall also be prohibited. 102 3 (d) Interceptors: 1. Grease interceptors will be provided by all food service facilities. Oil and sand interceptors will be provided when in the opinion of the Wastewater Superintendent they are necessary for the proper handling of liquid wastes containing any flammable substances, sand and other harmful ingredients, except that those interceptors will not be required for private living quarters or dwelling units. All interceptors will be of a type and capacity outlined in the Grease Management program. Interceptors will be located and easily accessible as outlined in the Grease Management Program. 2. Grease and oil interceptors shall be constructed of impervious material capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, water tight and equipped with easily removable covers which when bolted in place shall be gas tight and water tight. Grease interceptors will be built and sized according to the Grease Management Plan. (e) Maintenance of Interceptors: When installed, all grease, oil and sand interceptors will be maintained by the user at his or her expense in continuously efficient operation at all times. Required interceptor maintenance is explained in section five (5) of the Grease Management Program. (f) Review and approval of certain discharge by the Wastewater Superintendent: 1. The Wastewater Superintendent must grant prior approval before the admission of any water or wastes having the following characteristics: (a) A five (5) day Biochemical Oxygen Demand (BOD) greater than two hundred fifty (250) mg/L. (b) Containing more than 300 mg/L of suspended solids. (c) Containing any quantity of substance having the characteristics described in subsection (c). (d) Having an average daily flow greater than two (2) percent of the average daily flow of the Wastewater Plant shall be subject to the review and approval of the Wastewater Superintendent. 2. Where necessary, in the opinion of the Wastewater Superintendent, the user shall provide at his or her expense, any preliminary treatment as may be necessary to: (a) Reduce the Bio Chemical Oxygen Demand (BOD) to two hundred fifty milligrams per liter (250 mg/L) ant suspended solids to three hundred milligrams per liter (300 mg/L) (b) Reduce objectionable characteristics or constituents to within the maximum limits provided for in subsection (c). (c) Control the quantities and rates of discharge of any water or wastes. 103 4 3. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Wastewater Superintendent and no construction of any facilities shall be commenced until this approval is obtained in writing. (g) Maintenance of Preliminary Treatment Facilities: Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the user, at his or her expense. (h) Manholes: The owner or user of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the buildings sewer to facilitate observation, sampling and measurements of the wastes. This manhole shall easily accessible and safely located and be constructed in accordance with plans approved by the Superintendent. All new construction of facilities or a change of ownership or user shall be required to install a manhole as specified in this section. (i) Tests, etc. : All measurements, tests and analyses of the characteristics is made in subsections (c) and (f) shall be determined in accordance with the latest approved volume of Standard Methods for Examination of Water and Wastewater and shall be determined at the control manhole as provided in subsection (h) or upon suitable samples taken at the control manhole. In the event existing facilities do not have a special manhole the nearest downstream manhole in the public sewer system will be used for the purpose of tests, sampling and measuring. (j) Special Agreements: No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or characteristic may be accepted by the city for treatment, subject to payment therefor by the industrial concern. (Code 1970, 20-45)(1997-60; 8/14/97) Section 70-77 Protection from Damage: No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the city sewage system. (Code 1970, 20-46) Section 70-78 Power and Authority of Inspectors: The Wastewater Superintendent and other duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter. (Code 1970, 20-47) Section 70-79 Sewerage Service Billing, Collections and Penalties: Bills for sewer service shall be administered as provided herein per sections 70-106 through 70- 109 (1997-61; 8/14/97) 104 5 SECTION 2 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 3 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 4 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of __________________, 2020. ADOPTED THIS DAY OF , 2020. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: 105 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: 31. First Reading, 2020-07, Adopt Grease Management Program and the Grease Enforcement Plan 106 1 ORDINANCE NO. 07-2020 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SO AS TO ESTABLISH A GREASE MANAGEMENT PROGRAM ORDINANCE IT SHALL BE KNOWN AS THE GREASE MANAGEMENT ORDINANCE OF THE CITY OF TYBEE ISLAND WHICH SHALL BE CODIFIED AT ____ CHAPTER ____, SECTIONS ___ IN THE CITY CODE, AND TO PROVIDE 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, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the City has determined a need to address the hazards associated with fats, oils and greases into its wastewater collection system, and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers, and NOW THEREFORE, it is hereby ordained as follows: SECTION 1 The City hereby adopts, in full, the Grease Management Program and the Grease Enforcement Plan attached hereto as part of the Code of Ordinances of the City of Tybee Island and that such provisions shall be enforced as provided by law as if each of such provisions were stated herein. 107 2 SECTION 2 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 3 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 4 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of __________________, 2020. ADOPTED THIS DAY OF , 2020. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: 108 3 Section 70-167 Grease Management Program Table of Contents 1. Purpose of the Grease Management Program 2. Definitions 3. General Criteria a. Installation Requirements for New Food Service Facilities b. Requirements for Existing Food Service Facilities c. Prohibited Discharges d. Floor Drains e. Garbage Grinders and Dishwashers f. Location of Interceptor g. Waste Minimization Plan 4. Design Criteria a. Construction of Interceptors b. Access to Interceptor c. Load-Bearing capacity d. Inlet and Outlet Piping e. Interceptor Sizing 5. Grease Interceptor Maintenance a. Pumping b. Pumping Frequency c. Pump Out Order d. Disposal of Interceptor Pumped Material e. Additives f. Chemical treatment 6. Administrative Requirements a. Initial Data Acquisition b. Administrative Fees c. Inspection and Entry d. Record Retention and Reporting I. Manifests II. Maintenance Logs 7. Enforcement Appendices A. Grease Interceptor Customer Information Form B. City of Tybee Island Grease Interceptor Maintenance Log C. City of Tybee Island Grease Enforcement Response Plan 109 4 1. Purpose: The purpose of this program is to minimize the introduction of fats, oils and greases into the City of Tybee Island wastewater collection system. The main components of the program are the proper sizing, installation and maintenance of grease interceptors. The administrative and inspection requirements of food service facilities are also established herein. 2. Definitions: Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this document, have the meanings indicated in this document. a. City – The City of Tybee Island b. Domestic Wastewater – Wastewater from sanitary fixtures such as toilets and urinals. c. Food Service facility – Any facility which cooks, which cuts, bakes, prepares or serves food or which disposes of food related waste. d. Garbage Grinder – A device that shreds or grinds up solid or semi-solid waste material into smaller portions for discharge into the sanitary sewer system. e. Grease – A material primarily composed of fats, oils and grease from animal or vegetable sources. The terms fats, oils, and grease shall be deemed as grease by definition. Grease may also include petroleum based products. f. Hauler or Transporter - One who transports waste grease from the site of a user to an approved site for disposal or treatment. The hauler is responsible for assuring that all federal, state and local regulation and ordinances are followed regarding waste transport. g. Interceptor, Separator or Trap – A device so constructed as to separate, trap and hold fats, oils, greases, sand and grit substances from the wastewater discharged by a facility in order to prevent these substances from entering the sanitary sewer system. h. Under-sink or Inline Grease Trap – A device placed under or in close proximity to sinks or other facilities likely to discharge grease in an attempt to separate, trap or hold oil and grease substances to prevent their entry into the sanitary sewer system. i. User – A source of discharge into the City of Tybee Island sanitary sewer system. j. Waste or Wastewater – The liquid and water carried domestic or industrial wastes from dwellings, commercial establishments, industrial facilities and institutions, whether treated or untreated that contribute to the sanitary sewer system. 3. General Criteria: a. Installation Requirements for New Food Service Facilities – All proposed or newly remodeled food service facilities inside the City of Tybee Island Wastewater service area shall be required to install an approved, properly operated and maintained grease interceptor. All interceptor units shall be installed Outdoors of the food service facility building unless the user can demonstrate to the wastewater Superintendent or his or her representative, that an outdoor interceptor would not be feasible. All interceptor types shall be of a type and capacity approved by the Wastewater Superintendent. 110 5 b. Requirements for Existing Food Service Facilities – All existing food services facilities inside the City Of Tybee Island Wastewater service area are expected to conduct their operations in such a manner that grease is captured on the user’s premises and then properly disposed of. Existing food service facilities will be handled under the City of Tybee Island’s Grease Management Program in the following manner: i. The City of Tybee Island will periodically inspect each food service facility on an as needed basis to assure that each facility is complying with the intent of the Grease management Program. The as needed inspection shall be determined by the Wastewater Superintendent. ii. Each food service facility in the vicinity of a problem area will be inspected. The facilities grease control practices and the adequacy of their grease control interceptor and related equipment will be asses. Maintenance records will also be reviewed. iii. Following the inspection, the City of Tybee Island will send written notice to the inspected facility, containing a summary of the policy requirements and the results of the inspection. The inspection results will typically result in one of the following actions: 1. Facilities equipped with an appropriate and adequately sized grease interceptor who are meeting the intent of the Grease management Program through effective grease control practices will be commended for their compliance. 2. After notice and an opportunity to be heard, facilities not in compliance shall be required to develop and submit to the Wastewater Superintendent a proposed plan designed to achieve compliance through improved housekeeping and/or increased maintenance and pumping of the existing grease interceptor equipment. 3. Facilities that are not successful in achieving compliance with the intent of the Grease Management Program through improved housekeeping and increased maintenance of the grease interceptor equipment will be required to install the necessary equipment to bring the facility into compliance. c. Prohibited Discharges – Domestic wastewater shall not be discharged to the grease interceptor. d. Waste Minimization Plan – Food service facilities shall develop and implement a Waste Minimization Plan pertaining to the disposal of grease, oils and food particles. Educational materials are available from City of Tybee Island water/Sewer Department regarding the minimization of these wastes. e. Floor Drains – Only floor drains which discharge or have the potential to discharge grease shall be connected to the grease interceptor. f. Location – Each grease interceptor shall be installed and connected so that it is easily accessible for inspection, cleaning and removal of the intercepted grease at any time. Grease 111 6 interceptors required under this ordinance shall be installed outdoors of the food service facility. The best location is an area outside of an exterior wall but upstream of the domestic sewer drain line. A grease interceptor may not be installed inside any part of a building unless approved in writing by the Superintendent. The user bears the responsibility of demonstrating that an outdoor grease interceptor is not feasible. 4. DESIGN CRITERIA a. Construction of Interceptors – Grease Interceptors shall be constructed in accordance with the City plumbing standards. Outdoor units will have a minimum of two compartments with fittings designed for grease retention. All alternative grease removal devices or technologies will be subject to the written approval of the Wastewater Superintendent. Such approval will be based on demonstrated removal efficiencies of the proposed technology. Grease Interceptor designs represent minimum standards for normal usage. Installations with heavier usage require more stringent measures for which the user is responsible. The user shall pay the costs to provide additional measures if required by the City of Tybee Island. The City of Tybee Island reserves the right to evaluate interceptor sizing on an individual basis for facilities with special conditions, such as highly variable flows, high levels of grease discharges or other unusual situations that are not adequately addressed by the sizing formula. 5. GREASE INTERCEPTOR MAINTENANCE: a. Pumping – All grease interceptors shall be maintained by the user, at the user’s expense. Maintenance shall include the complete removal of all contents, including floating materials, wastewater and bottom sludges and solids. Decanting or discharging of removed waste back into the interceptor from which the material is removed or any other grease interceptor, for the purpose of reducing the volume to be disposed is strictly forbidden. b. Pumping Frequency – Outdoor grease interce3ptors must be pumped out completely a minimum of once every three months. Under-sink or inline grease interceptors must be pumped completely a minimum of once every month. Grease interceptors may need to be pumped out more frequently as needed to prevent carry over of grease into the sanitary sewer system. Pumping frequency may be extended past the minimum period if it can be demonstrated by the user and approved by the Wastewater Superintendent. c. Pump Out Order – When the oil and grease concentrations exceed the City of Tybee Island’s maximum discharge limits and/or the combined depth of bottom and top solids exceeds 33% of the total depth of the grease interceptor. The Wastewater Superintendent will issue a Pump Out Order to the user. The user shall have seven days from receipt of the order to comply. When an emergency exists, a written or verbal warning shall be given to the user and the user will have 24 hours to comply. d. Disposal of Interceptor Pumped Material – All waste removed from each grease interceptor shall be recorded on a proper manifest form. Also, all waste removed from each grease interceptor must be disposed of at a facility approved of by the City of Tybee island to receive such waste in accordance with the provisions of this program. In no way shall the pumped material be returned to any private or public portion of the sanitary sewer system. e. Additives – Any additive placed into the grease interceptor or building discharge line system on a regular, constant or scheduled basis shall be reported to the Wastewater Superintendent. Such 112 7 additives shall include but are not limited to, commercially available bacteria or other additives designed to consume, absorb or treat fats, oils and grease. The use of additives shall in no way be considered as an alternate technology or a substitution for maintenance requirements herein. f. Chemical Treatment – Chemical treatments such as drain cleaners, enzymes, acids and other chemicals designed to dissolve, purge or remove grease, shall not be allowed to enter the grease interceptor. 6. ADMINISTRATIVE REQUIREMENTS a. Initial Data Acquisition – All food service facilities will be asked to complete a data sheet to establish the grease interceptor data base. A copy of the form has been attached to this document as Appendix A. The City of Tybee island database will be updated with additional or modified information after each yearly inspection. b. Administrative Fees – No fee will be charged for an annual inspection. However, if the user’s grease interceptor is not in compliance with this section, a $50.00 re-inspection fee will be charged for each inspection thereafter, until compliance is achieved. c. Inspection and Entry – Authorized personnel of the City of Tybee Island, bearing proper credentials and identification, shall have the right to enter upon all properties subject to this program, at any time and without prior notification, for the purpose of inspection, observation, measurement, sampling, testing or record review, as part of this program. d. Record Retention and Reporting – All users must keep a record of any cleaning or maintenance of the grease interceptor. The following records must be kept on-site at the food service facility for a period of two (2) years. i. Manifests are required for all grease interceptors and shall contain the following information: 1. Food Service Facility information, including name, address, volume pumped, date and time of pumping and generator (user) signature verifying the information. 2. Transporter information, including company name, address, license plate number, driver name and driver signature verifying transporter information. 3. Receiving information, including facility name, address, date and time of receiving, Georgia Environmental Protection Division permit number and signature verifying receipt of the waste. 4. Manifests must be mailed, faxed or electronically submitted to the Wastewater Superintendent within fourteen (14) days of interceptor maintenance. 5. A manifest may not be required for under-sink or inline grease interceptors if a user can demonstrate to the wastewater Superintendent a valid reason not to use one. ii. Maintenance logs are required for all under-sink and inline receptors. This log shall include the date, time, amount pumped or cleaned, hauler, disposal site and signature. The log shall be kept in a conspicuous location for inspection. This log shall be made immediately available to the City of Tybee Island representative upon request. See Appendix B for an example. 7. Enforcement: Enforcement of these regulations shall be in accordance with the provisions of the City of Tybee Island’s Enforcement Response plan. Failure to comply with this program will be grounds for 113 8 penalty imposition and/or discontinuation of water/sewer service. Additionally, failure to comply may result in revoking of food service permit and or business license. See Appendix C for the City of Tybee Island’s Grease Enforcement Response Plan. 114 9 APPENDICES 115 10 APPENDIX A Grease Management Program Information Form If your business processes, prepares or otherwise handles food products, your facility is required by the City of Tybee Island to operate and maintain a grease interceptor that prevents excessive discharge of fats, oils and greases to the sanitary sewer system. Please fill out his form accurately and return to: Wastewater Superintendent Office Telephone (912) 472 – 5051 Box 2749, 403 Butler Ave. Tybee Island, Ga. 31328 After a review of this information, a City of Tybee Island technician will schedule an inspection of your facility. Facility Name Facility Address Billing Address ( If different ) On-Site Contact Contact Telephone Corporate Contact (If applicable) Telephone Number of Seats Maximum daily hours of operation, including preparation and cleanup time Volume of existing outdoor grease interceptor(s) Indicate the Number of the Following Fixtures Present at your Facility Kitchen Hand Sinks Pre-rinse sinks 116 11 Single Compartment Sinks Double Compartment Sinks Dishwashers Indoor In-line (Under-sink) Grease Interceptors: Size Cleaning Frequency Maintenance Log or Manifest: Yes/No Size Cleaning Frequency Maintenance Log or Manifest: Yes/No Size Cleaning Frequency Maintenance Log or Manifest: Yes/No Size Cleaning Frequency Maintenance log or Manifest: Yes/No Size Cleaning Frequency Maintenance Log or Manifest: Yes/No Where is the Grease from Indoor Interceptors Disposed? Is the Pumping of Grease Contracted? (Circle One) Yes No Unknown Who Does the Pumping/Hauling? What is the Pumping Frequency? Weekly Monthly Quarterly Are Waste Manifests Used? ( Attach a Copy of last Manifest ) Yes No Is the Grease Interceptor Pumped and Cleaned Completely? Yes No 117 12 Where is the Grease Disposed? What are the Dimensions of (feet) and Location of all Grease Interceptors? Depth Width Length Location Does Sanitary Waste Flow to the Grease Interceptor? Yes No Unknown Does the Dishwasher Flow to the Grease Interceptor? Yes No Unknown Does the Kitchen Recycle all Available Oil Products? Yes No Unknown What is the Name of The Recycling Firm? *NOTE * The customer shall resolve all unknown information before the first inspection. 118 13 CITY OF TYBEE ISLAND GREASE INTECEPTOR MAINTENANCE LOG Pumper/Hauler Address of Pumper/Hauler Phone Number of Pumper/Hauler Disposal Site Name and Address Pumping/Cleaning Frequency Date Cleaned Time Cleaned Inlet Chamber Cleaned Outlet Chamber Cleaned Amount Cleaned or Removed Signature of Employee This record must be maintained and available for inspection for two (2) years. If there is a problem or concern pertaining to the release of oils and/or grease into the sewer system, please contact the Wastewater Superintendent at 912-472-5051. 119 14 City of Tybee Island Grease Enforcement Plan A. INTRODUCTION: The purpose of this document is to present a plan for uniform enforcement actions to deal with User noncompliance with all applicable state and federal laws required by the Clean Water Act of 1977, as amended and including the City of Tybee Island Sewer Use Ordinance. Specifically section 6-2-5, item D, Interceptors. B. USER INVENTORY: It is the responsibility of the City of Tybee Island to maintain an inventory of Users that have or are required to have grease interceptors. The following list includes a number of resources used by the City of Tybee Island for identifying facilities: 1. Telephone Listings 2. Previous Survey Results 3. Restaurant Directories 4. Sewer Connection Permits 5. Referrals from Other Agencies ( Health Department, etc.) 6. Site Visits 7. Reports from Other Regulated Industries 8. Citizen Reports 9. Contact from Potential Restaurants 10. Observations by Sampling , Surveillance or Inspection Personnel 11. Newspaper, Trade Journal or Business magazine Articles 12. Chamber of Commerce 13. Plumbers and Plumbing Inspectors All new food service facilities are subject to requirements in the City of Tybee Island Grease Management Program and are added to the list of regulated facilities. C. COMPLIANCE MONITORING PROCEDURES: Legal proceedings- Compliance with applicable regulations and ordinances are determined through Compliance monitoring activities by the City of Tybee Island are necessary to identify and document violations that can be presented as admissible and irrefutable evidence in administrative actions and legal proceedings. Compliance with applicable regulations and ordinances are determined through and evaluated through: 1. Reported data from users 2. Inspections conducted by the City of Tybee Island 3. Surveillance sampling and analysis conducted by the City of Tybee Island 4. Evaluation of application information by the City of Tybee Island D. DATA SCREENING: 120 15 The majority of the data to be screened and evaluated is generated through manifests, maintenance logs, inspections and sampling. All data generated by these activities will be reviewed weekly by the Wastewater Superintendent. Each violation is noted and appropriate enforcement action initiated. The specific responses and time frames are detailed in the Enforcement Response section. Screening and tracking reports submitted as part of a schedule of compliance are reviewed at least twice monthly. Action is taken if required reports are not received or if milestones are missed. E. Identification of Violations: The identification of a violation of grease requirements, regardless of the severity, will initiate the enforcement process. Discovery of a violation may occur as a result of any number of activities that include: 1. Review of the Wastewater Department’s surveillance-sampling results 2. Review of user manifests and maintenance logs 3. Spill/accidental discharge reports from user 4. Notification of violation by user 5. Site visits and inspections by the City of Tybee Island 6. Information provided by the users employees 7. Observations by field personnel 8. Information provided by the public and private citizens 9. Review of compliance schedule requirements 10. Review of agreed judgement requirements 11. Information provided by other agencies Once violations are identified, it is the responsibility of the Wastewater Superintendent, through coordination with and actions of the City Marshall to implement the appropriate enforcement response required in the plan. When determining the appropriate response, particularly one that includes the imposition of penalties and/or fines, the specific procedures outlined in the Enforcement Response section must be followed. However, additional criteria may be used in the determination including: 1. Magnitude of violation 2. Duration of violation 3. Effects of the violation 4. Compliance history of the user 5. Good faith of the user F. Enforcement Procedures Generally, all violations identified by the City of Tybee Island are reviewed, evaluated and addressed by the appropriate enforcement response. The majority of enforcement actions begin with issuance of an initial notice of violation. This letter describes the nature of the violation and informs the user that any 121 16 additional violations may result in an escalated enforcement action. Once the user has been notified of a violation or has knowledge of a condition which is a violation, the user may be allowed up to thirty (30) days to correct the none compliance before escalation before escalation of the enforcement process occurs. This thirty (30) day period applies only to the initial violation. Any violations occurring after this period will be evaluated according to plan procedures. Emergency conditions require immediate correction of non-compliance. G. Enforcement Remedies Available to the City of Tybee Island: 1. Verbal Warning (VW) or Letter of Warning 2. Site Visit or Re-inspection (SV) 3. Notice of Violation (NOV) 4. Increased Self-monitoring or Reporting (ISM) 5. Consent Orders (CO) 6. Show-cause Hearing (SCH) 7. Compliance Order or Schedule of Compliance (SOC) 8. Cease and Desist Order (CDO) 9. Administrative Fines (AF) 10. Emergency Suspensions (ES) 11. Termination of Discharge (TOD) 12. Water Supply Severance (WSS) 13. Judicial Enforcement Remedies or Litigation (LIT) H. Staff Responsibilities: 1. The Wastewater Superintendent in conjunction with the City Marshall and staff oversee all collection and screening of data, organization of enforcement actions, review of actions taken and general management of enforcement response procedures. They are authorized to administer enforcement remedies from Verbal Warnings to Increased Self-monitoring. 2. Enforcement will be in conformance with the Ordinance. 122 17 CITY OF TYBEE ISLAND GREASE ENFORCEMENT RESPONSE GUIDE Noncompliance Nature of Violation Range of Response Record or Reporting Violation 1. Missing or incomplete information 2. Failure to provide required reports (30 days late) 3. Falsification of records or manifests VW, LW, SV, NOV Failure to Maintain Grease Interceptor 1. Infrequent 2. Frequent or Recurring VW, LW, SV, NOV CO, SCH, AF, TOD, WSS, LIT Improper Waste Disposal Evidence of Intent (Dumping into Sewer) CO, SCH, AF, TOD WSS, LIT Compliance Schedule 1. Missed Milestone 2. Failure to Install Required Equipment 3. Missed Final Date (90 days outstanding, without valid cause) VW, LW, SV, NOV CO, SCH, AF, TOD, WSS, LIT CO, SCH, AF, TOD, WSS, LIT Failure to Mitigate Noncompliance or Cease Production Failure to Cease CO, SCH. AF, TOD, WSS, LIT Failure to Provide Free Access to Facility or Records 1. Initial Violation 2. Recurring Violation VW, LW, SV, NOV CO, SCH, AF, TOD, WSS, LIT 123 18 CITY OF TYBEE ISLAND ENFORCEMENT GUIDANCE AND TIME FRAMES 1. Whenever a Notice of Violation is issued that requires a response and the user fails to respond, the next level of enforcement will be taken. 2. Enforcement responses may be escalated as needed and the City of Tybee is empowered to take more than one enforcement action against any non-compliant user. 3. The City of Tybee Island may charge any user for Recovery of Costs incurred. Time Frames for Enforcement Responses: a. All violations will be identified and documented within seven (7) days of receiving compliance information. b. Initial enforcement responses involving contact with the user and requestinf information, corrective or preventative actions will occur within thirty (30) dys of violation detected. c. Follow up actions for continuing or recurring violations will be taken within sixty (60) days of the initial enforcement response. For all continuing violations, the response will include a compliance schedule. d. Violations that threaten health, property or environmental quality are considered emergencies and will receive immediate responses such as halting the discharge of the user. NOTE Designs for grease interceptors may be obtained from the Wastewater Superintendent 124 125 126 127 128 129 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: 32. First Reading, 2020-09, Parking Fines, Sec 66-147(c) 130 ORDINANCE NO. 2020 -09 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SO AS TO UPDATE THE PROVISIONS FOR THE PAYMENT OF PARKING FINES AND TO ESTABLISH AN EFFECTIVE DATE AND TO REPEAL CONFLICTING ORDINANCES 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; WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers; WHEREAS, due to the inconsistency and parking rates currently existing and the limited penalty for failure to pay a citation an amendment to the Code updating the penalties for failure to pay necessitates an amendment. NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: SECTION 1 Section 66-147 (c) is hereby amended so that hereafter such subsection shall read as follows: (c) Delinquency of payment. The failure of that owner or operator to make a full payment within ten (10) days shall result in the issuance of a parking citation delinquency notice which shall demand full payment plus a $20 penalty by a specified payment due date. The failure 131 of that owner or operator to make said payment will result in issuance of an administrative hearing notice which shall demand: (1) full payment of the parking violation fine, the $20 delinquency penalty; or (2) the owner or operators appearance on a given date at specified time and location for an administrative hearing. SECTION 2 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 3 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 4 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of __________________, 2020. ADOPTED THIS __ DAY OF ___ , 2020. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: 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: 33. First Reading, 2020-10, Regular Meetings 133 ORDINANCE NO. 2020-10 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES REGARDING THE SCHEDULING OF MEETINGS AND THE CANCELLATION OF A MEETING, CONSENT AGENDAS AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia; WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers; WHEREAS, the Mayor and Council wish to revise the time of the starting meetings and the provisions regarding consent agendas; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: SECTION 1 Regular meetings of the mayor and council will be held on the second and fourth Thursday of each month at 6:30 p.m. with the consent agenda as the first item of business. The regular meeting will commence upon the conclusion of the consent agenda or, no later than 7:00 p.m. In November and December there will be one regular meeting which will be on the second Thursday of such months. The Mayor and Council may at any time during a meeting vote to cancel a regular meeting that was scheduled to be conducted on a future date. Special meetings may be called as provided by law. Meetings, unless otherwise directed, shall be held in city hall or the municipal 134 courtroom as may be designated by the mayor and council from time to time. Public hearing under appendix "A" of this Code shall ordinarily be scheduled for the first meeting of each month; however, special meetings, including any public hearings under appendix A of this Code, may be held as provided by section 2.19 of the city Charter. SECTION 2 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 3 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 4 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of __________________, 2020. ADOPTED THIS __ DAY OF ___ , 2020. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: 135 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: 34. First Reading 2020-11 Sec 12-1(a) Restriction on Beach Smoking in Designated Areas 136 ORDINANCE NO. 2020 - 11 ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND SO AS TO ADD TO SECTION 12-6 REGARDING BEACH RULES TO ESTABLISH A NO SMOKING AREA AND FINES APPLICABLE THERETO TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES AND TO ESTABLISH AN EFFECTIVE DATE AND TO PROVIDE FOR ADMINISTRATIVE ENFORCEMENT OF THE PROVISIONS THEREOF WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers; and WHEREAS, the City, through the mayor and council thereof, has determined that the hazards of smoking tobacco and the creation of litter as a result as well as the use of vaping devices of any type are hazardous to the health of those smoking or vaping as well as to others using the municipal beaches; and WHEREAS, the use of smoking products, including cigarettes, creates litter that increases the burden on city workers and on volunteers who work to clean the beach; and WHEREAS, the City is establishing or has established an administrative ordinance such that it is appropriate that violations of the hereinafter provided for prohibition of smoking and vaping and/or devices therefor in certain areas of the beach should generate a penalty to be imposed as a civil/administrative fine; and 137 WHEREAS, the City wishes to tentatively or temporarily establish a prohibition on the use of tobacco, including vaping of such products, within a designated area of the beach in order to analyze the benefits and practicality of a prohibition, including the anticipated reduction in litter, and therefore wishes to amend the Code so as so provide for the prohibitions hereinafter stated for a period of 12 months from the date of final adoption hereof at which time the prohibition will expire unless council shall take additional action; and WHEREAS, the use of smoking and vaping materials creates litter that is detrimental and harmful to the environment and necessitates substantial clean up activities by city staff, volunteers, and personnel and is inconsistent with the proper enjoyment of a beach used for family and recreational purposes; and WHEREAS, citizens and tourist, including children, are entitled to an area free from harmful smoke and litter so as to enjoy the untainted, air, sand and water; and WHEREAS, the litter generated from cigarettes is hazardous to and damages wildlife and marine animals and therefore amounts to additional justification for the prohibition imposed below. NOW, THEREFORE, be it ordained by the Mayor and Council that Section 12-1(a) Use of Municipal Beaches and facilities, shall be amended so as to add paragraph number "21" thereof which shall provide as follows: SECTION 1 It shall be unlawful for any person to smoke, vape or use tobacco or related products in an area of the public beach commencing at the improved right of way of 14th Street and proceeding easterly to the ocean and inclusive of the ocean and then proceeding in a southerly 138 direction to the end of the right of way of 16th Street/Tybrisa Avenue, to include the dune areas and ocean adjacent to the beach. SECTION 2 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 3 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 4 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of __________________, 2020. ADOPTED THIS __ DAY OF ___ , 2020. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: 139 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: 36. Nancy DeVetter: Beach Task Force motion to ban beach smoking 140 1 Report on the State of Beach Litter Tybee Clean Beach Volunteers August 2019 Introduction This report summarizes the key activities, findings, and recommended solutions for consideration by the City of Tybee Island to combat beach litter. We stand ready to help support the implementation of actions recommended in this report, and appreciate the opportunity to share our insights. Contents 1. Overall Conclusions 2. Recommendations 3. Focus on Cigarette Butts 4. Effect of Butts in a Marine Environment 5. Frequency Distribution of Tybee Beach Litter 6. Most Harmful Litter Types 7. Prior City Efforts to Combat Beach Litter (Recent) 8. Experiences of Other Beach Towns 9. About Tybee Clean Beach Volunteers 10. Volunteer Reactions at Beach Sweeps 1. Overall Conclusions The volume of litter removed from the beach each week has continued to grow, despite a vast increase in the number of volunteers picking it up. We attribute this to a steady increase in the number of visitors during this period. The reality is that, despite years of increased beach cleaning efforts involving thousands of participants, we are barely keeping up with the volume of litter being deposited. Undoubtedly, much of this litter is escaping to the ocean and is trapped in our salt marsh, creating an increasingly toxic environment for the marine creatures that inhabit our ecosystem. An increase in litter—and cigarette butts in particular—indicates that past, and even current, measures are not having the desired effect of reducing or controlling litter. History has shown that individual initiatives in isolation will not result in meaningful declines in beach and marsh litter. We strongly recommend that a series of integrated, coordinated, and sustained efforts from the City of Tybee Island—leveraging volunteers—be planned and implemented as soon as possible. These initiatives should be communicated clearly and regularly to all residents. 2. Recommendations A governing body should be tasked with oversight of the City’s effort to combat island litter. This body should be empowered to ensure that the City of Tybee Island develop, implement, and measure the success of an integrated and coordinated set of education, enforcement, and infrastructure activities aimed at significantly reducing harmful beach litter. Providing guidance and oversight for these efforts will help drive progress, remove obstacles, and ensure success, 141 2 individually and collectively. The result will be not only a cleaner beach but a healthier marine environment, a more pleasant visitor experience, and an improved quality of life for residents. We recommend the following specific actions be implemented in their totality: BEACH RULES  Amend Tybee’s Beach Rules to include all forms of smoking and e- cigarette products on the beach and dune crossovers (smoking is already prohibited in city parks and on the Pier). E-cigarette and vaping litter is a growing segment of beach litter that has toxic residue and is mostly made of plastic, with unknown secondary inhalation effects. Consider using the existing draft amendment from 2015 to expedite passage prior to the next renourishment while sand is clean. ENFORCEMENT  Instruct enforcement personnel to seek voluntary compliance by approaching smokers and asking for their cooperation. Issue tickets only for (blatant) non-compliance. Consider using the same approach for all three principle rules on the beach: dogs, glass, and smoking. The City should explore making the fines a civil offense and employing a seasonal Beach Patrol, vs. using fully Certified Police Officers, freeing up officers to patrol the streets while they remain available to rapidly respond to calls from the Beach Patrol, as is done with Parking Services.  Ramp up enforcement personnel during the spring and summer seasons (as mentioned, consider alternatives to armed Certified Police Officers for beach patrols). Focus on foot patrols in the parking lots and beaches between 14th and 19th Streets, and along Tybrisa and Strand.  Shift enforcement hours to late afternoons and evenings through dusk, especially in summer, when the majority of infractions occur. INFRASTRUCTURE  Conduct second trash and recycling pickups at high-traffic beach and lot areas on weekends or as needed.  Establish a part-time City Litter Patrol to remove street litter on residential streets (on golf carts), particularly those close to the beach and marsh, and establish a litter hotline for rapid city response. EDUCATION  Conduct extensive education campaigns aimed at reducing all types of litter, with emphasis on the most harmful. Be creative; engage TIMA, TAA, and other Island stakeholders. BUSINESS INVOLVEMENT  Incentivize businesses to reduce harmful plastics, trying different voluntary measures; target plastic straws, Styrofoam cups, plates, clamshells, and coolers, plastic cutlery, and plastic bottles and bags. 142 3  Engage vacation-rental managers in litter messaging; provide each guest with a welcome letter and reusable bag/bottle/straw (with City or sponsor logos). 3. Focus on Cigarette Butts During beach sweeps, we’ve removed over 310,000 butts from the beach during the period of January 2017 through June 2019, handled as follows:  245,650 – recycled with TerraCycle  25,000 – awaiting shipment to TerraCycle  30,000 – on display at Tybee Island Marine Science Center  12,000 – on display with Tybee Clean Beach Since many of the butts collected were too wet to recycle, and not all butts collected by volunteers are segregated into the provided paint cups, and assuming that 25% are not counted in this way, the true total is closer to 390,000. If you further assume that cleanup efforts have collected 25–50% of the actual number of butts discarded during this timeframe, then the number of butts left on Tybee’s beach since 2017 can be estimated to be between 800,000 and 1.5 million, possibly higher. Extrapolating, the estimate grows to between 1.5 million and 3 million since the last beach sand renourishment in 2015. 4. Effect of Butts in a Marine Environment Much has been written about the unique harm posed by spent cigarette butts in a marine environment, and this research is worth a read. Highlights include:  When wet, butts leach toxins that include arsenic, ammonium, lead, acetic acid, benzene, hexamine, and chromium, all highly toxic to marine life.  Each filter contains approximately 15,000 cellulose acetate fibers, which are non- biodegradable.  Estimates vary, but it takes between 2 and 12 years for a filter to degrade, and the fibers never fully biodegrade. If a discarded butt is not picked up, only three outcomes are possible, all with harmful consequences: a) The filters get buried and degrade into the sand or pluff. b) The filters are taken out to sea. c) The filters are ingested by animals, birds, or sea creatures. 5. Frequency Distribution of Tybee Beach Litter From 2014 to 2016, samples of collected litter were counted by trained volunteers. To ensure a reliable data set, volunteers were assigned to clean up a beach “block” (e.g., 17th to 18th Streets), walking along the dune line in one direction and across the dry sand when returning, with focus on the high tide line(s), removing all visible litter along the way. All items were then counted and tracked using a common count sheet. Samples were taken from all areas on the Island, with focus on the south end between 13th and 19th Streets. The most useful aspect of this data is its reliability in determining the frequency of all types of litter dropped on Tybee’s beach (litter by 143 4 item count rather than weight was determined to be a more effective measure, as almost all of the litter collected on Tybee is very lightweight). The following is the actual frequency distribution of litter type in rank order on Tybee Island’s beaches, based on this sampling: 1. Cigarette butts, wrappers, foil, plastic cigarillo tips (~68% by volume) 2. Plastic straws and straw wrappers 3. Small plastic bottle caps (drink bottles, suntan lotion tops, etc.) 4. Paper & cardboard 5. Plastic snack wrappers 6. Plastic fragments, all sizes 7. Plastic drink lids 8. Plastic bottles 9. Aluminum cans 10. Pieces of polystyrene (Styrofoam) 11. Plastic bags & baggies 12. Fishing line & debris Based on this sample, the top ten items account for 93% of all beach trash, with over 90% composed of plastic (including cigarette butts). As a final note, we were able to determine that the vast majority of litter (>90%) was located in the most heavily trafficked parts of the beach, demonstrating that it was not brought in by the tide but rather was dropped by beach visitors. 6. Most Harmful Litter Types In our view, certain types of litter are much more harmful than other types, and this should guide the focus of anti-litter efforts. The following categories should be targeted, as they are the most frequent and most harmful litter streams:  Cigarette butts – leach numerous toxins, easily ingested, slow to fully degrade  Straws – harmful to sea turtles, degrade quickly into microplastic  Beach toys – major source of microplastic  Styrofoam – leaches styrene, carried by wind, breaks up easily, mistaken for food  Fishing line – lethal to marine life, potentially harmful to visitors  Plastic bags – harmful to sea turtles, easily carried by wind, degrade into microplastic It should be noted that plastic cutlery is ranked as the one of most harmful marine litter types by the Ocean Conservancy; although ranked #14 on Tybee’s list, it should be addressed due to potential harm. 144 5 7. Prior City Efforts to Combat Beach Litter (Recent) Enhanced Litter Enforcement – Just after the last beach renourishment in 2015, an amendment to Tybee’s Beach Rules was proposed, adding smoking as a prohibited activity. City Council did not pass the amendment, opting instead to focus efforts on enforcing the existing litter laws. Since then, very few tickets have been written for butt littering, as the Tybee Police will tell you that it is very difficult to actually observe someone littering a butt (conversely, it is easy to spot a smoker). Beach Ambassador Program – In 2017 and 2018, the City established a Beach Ambassador program to answer visitors’ questions and encourage them to be careful with their trash. Information tents were set up at several busy dune crossovers where the Ambassadors would engage the public and distribute beach ashtrays (>1,000), mostly made by volunteers, four days a week between 10 a.m. and 2 p.m., or 11 a.m. and 3 p.m. The City discontinued the program after the 2018 season. Adopt-a Program – In 2019, the City established a program whereby residents commit to clean a section of beach or neighborhood on an at-least-monthly basis and submit a report capturing the amount of butts and litter removed (over 30,000 butts in 7 months have been reported). This program will continue in 2020. Coastal-Wide Anti-Butt Litter Initiatives with Keep America Beautiful Affiliates – In 2018 and 2019, the Beach Task Force, Tybee Clean Beach, and Fight Dirty Tybee have engaged with various coastal conservation groups along the Georgia coast in a sustained public service campaign called Georgia’s Coast Is Not an Ashtray. The campaign involves coordinated PSA spots, poster and coaster giveaways, and outdoor ashtray distribution and installation. 8. Experiences of Other Beach Towns Several years ago, we interviewed city officials at beach communities that had recently restricted smoking to hear of their approach and lessons learned. The following is a transcript of experiences for the two beach towns most similar to Tybee in size, population, and visitation. WRIGHTSVILLE BEACH, NC Wrightsville Beach is a community located east of Wilmington, NC, with a year-round population of 2,500 that swells to 45,000–50,000 during summer. The island is approximately 2.4 square miles long. When did your smoking ban go into effect? Smoking on Wrightsville Beach was banned in November 2012 after the measure passed with 65% of the vote in a referendum. Twice before, the Town Council had voted against the measure by a vote of 3–2. We began implementing the policy in the spring of 2013 by educating beachgoers about the rule rather than immediately writing tickets. What was the catalyst for the ban? We were responding to citizen requests to restrict smoking on the beach. I think Wrightsville Beach became smokeless for several reasons—the experience of fresh air and also the better 145 6 visitor experience it causes. It’s been a pretty positive experience. We’ve found that the beach is a lot cleaner than it was in the past with cigarette butts. How have you prepared and educated the public? New signs were installed for visitors, and we began implementing the policy in the spring of 2013 by educating beachgoers about the rule rather than immediately writing tickets. For the convenience of the beachgoer, cigarette receptacles are in place at most public access points so visitors can extinguish their cigarette without actually bringing it onto the beach. Two beach ambassadors also patrol the beach during the summer to educate tourists. How is it enforced, and is enforcement working? The town has issued verbal and written warning tickets, but there have been no actual fines, which is $50. There have been no issues to date with the ban. Has the ban reduced cigarette litter on the beach, and if so, to what degree? While we can’t quantify the reduction of cigarettes on the beach, the feeling is that the ban has significantly reduced overall litter on the beach. Are there any key lessons or takeaways you can share with us from your implementation experience? The way the initial ordinance was written, it was only enforceable above the high-tide line. At low tide, the ordinance would not apply to half of the beach. This caused confusion and opposition. REHOBOTH BEACH, DE Rehoboth Beach is a community of 1,500 year-round residents. A one-mile-long boardwalk runs the length of the public beach. The population swells to 25,000+ during summer. When did your smoking ban go into effect? Smoking on the beach (outside of designated areas) was banned in 2009 by City (Borough) Council vote. The designated smoking areas were located 20 feet onto the beach from the boardwalk, in a roped-off area. Last year, smoking on the beach and boardwalk were banned entirely. Convenient smoking areas, with receptacles, are now located close to the boardwalk entrances. What was the catalyst for the ban? We were responding to citizen requests. This is also part of an overall plan to improve the family-friendly image of our community. How have you prepared and educated the public? New signs were installed at all appropriate areas, and our town website was updated. Education occurs when smokers are told that the beach is now non-smoking. We have found 146 7 that banning smoking on the boardwalk has been considerably more difficult than the beach, where most people seem to understand the need to do so. How is it enforced, and is enforcement working? Our town Code Enforcement Officials were given the task of education and enforcement. Fines have not been necessary. When smokers are approached, the ordinance is explained and designated smoking areas are pointed out (most city officials, when they see smoking in prohibited areas, will approach smokers in a friendly manner and request compliance). Most smokers claim they did not see the signs and were unaware of the ordinance. Virtually everyone has complied voluntarily. We also found that fellow beachgoers have been letting smokers know of the ordinance themselves. There have been no reported incidents or arrests, and, as mentioned, no fines have been necessary. Has the ban reduced cigarette litter on the beach, and if so, to what degree? The difference in cigarette-related litter before and after the ban are like night and day. There were tons—thousands—of butts before the ban, and there are virtually no cigarette butts on the beach today. What would you estimate the cost of implementation to be? We spent around $3,000 on signs and other educational materials before and during implementation. The cost of enforcement was minimal, as our Code Enforcement Officers already patrol the beach and boardwalk, and they simply added smoking to their enforcement protocols. Are there any key lessons or takeaways you can share with us from your implementation experience? Everyone involved in implementing the ban must be committed to its enforcement. We agreed in advance that this would be the case, so that if a citizen complained to the Mayor, or Town Manager, or anyone in government, they would receive the same courteous response and there would be no attempts to slow or stop enforcement. 9. About Tybee Clean Beach Volunteers Tybee Clean Beach Volunteers (TCBV) is a registered Georgia nonprofit corporation founded in 2015. We received a 501(c)(3) designation in 2016, and since then we have hosted 239 beach sweeps involving 7,463 volunteer participants. The average sweep size is 31 participants, but they range in size from 10 to over 100 volunteers. TCBV hosts standing beach sweeps open to everyone on Sunday afternoons all year (weekly from April through September and every other week in the off season). Group sweeps are also conducted all year, and these have involved numerous businesses, universities, church and school groups, and US military personnel from Ft. Stewart and the US Coast Guard. During beach sweeps, we ask volunteers to segregate the butts they pick up from the regular litter by placing them in a paint cup attached to the provided bucket. Butts are then stored and eventually sent to TerraCycle in Trenton, NJ (after sand and debris are removed). TerraCycle shreds the butts, composting the paper and tobacco while cleaning and melting the filters into pellets, which are sold to manufacturers of heavy (typically outdoor) equipment. 147 8 10. Volunteer Reactions at Beach Sweeps A key element in all TCBV sweeps involves sorting the litter at the end of the event, as we strive to recycle, repurpose, reuse, or store for future use as much of the litter as is feasible. Many volunteers join in or watch this process, and they find it quite revealing. The most typical volunteer reactions after a sweep include these impressions:  Beach trash volumes are overwhelming.  Butts are everywhere, and the beach shouldn’t be used as an ashtray.  The numbers of butts, straws, discarded and broken beach toys, and polystyrene (Styrofoam) pieces, in particular, are shocking.  Many express a desire to see the City do more in terms of education, trash pickups, litter control, and enforcement. Volunteers often observe that there are overflowing trash cans on the beach and in the adjacent parking lots and that there are no City personnel present at the Sunday afternoon events. In fact, our volunteers have been involved in calling the police to report fights, drunken behavior, removal of sea life, injured animals, lost children, lost valuables, car races, and an assortment of (minor) injuries. Passers-by often come to our setup area to report on these problems, as there are no City personnel present in the evening. 148 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: 37. Nancy DeVetter, Beach Task Force Update and Letters of Support (Smoke-Free Beach Ordinance) 149 150 151 152 153 1 Report on the State of Beach Litter Tybee Clean Beach Volunteers August 2019 Introduction This report summarizes the key activities, findings, and recommended solutions for consideration by the City of Tybee Island to combat beach litter. We stand ready to help support the implementation of actions recommended in this report, and appreciate the opportunity to share our insights. Contents 1. Overall Conclusions 2. Recommendations 3. Focus on Cigarette Butts 4. Effect of Butts in a Marine Environment 5. Frequency Distribution of Tybee Beach Litter 6. Most Harmful Litter Types 7. Prior City Efforts to Combat Beach Litter (Recent) 8. Experiences of Other Beach Towns 9. About Tybee Clean Beach Volunteers 10. Volunteer Reactions at Beach Sweeps 1. Overall Conclusions The volume of litter removed from the beach each week has continued to grow, despite a vast increase in the number of volunteers picking it up. We attribute this to a steady increase in the number of visitors during this period. The reality is that, despite years of increased beach cleaning efforts involving thousands of participants, we are barely keeping up with the volume of litter being deposited. Undoubtedly, much of this litter is escaping to the ocean and is trapped in our salt marsh, creating an increasingly toxic environment for the marine creatures that inhabit our ecosystem. An increase in litter—and cigarette butts in particular—indicates that past, and even current, measures are not having the desired effect of reducing or controlling litter. History has shown that individual initiatives in isolation will not result in meaningful declines in beach and marsh litter. We strongly recommend that a series of integrated, coordinated, and sustained efforts from the City of Tybee Island—leveraging volunteers—be planned and implemented as soon as possible. These initiatives should be communicated clearly and regularly to all residents. 2. Recommendations A governing body should be tasked with oversight of the City’s effort to combat island litter. This body should be empowered to ensure that the City of Tybee Island develop, implement, and measure the success of an integrated and coordinated set of education, enforcement, and infrastructure activities aimed at significantly reducing harmful beach litter. Providing guidance and oversight for these efforts will help drive progress, remove obstacles, and ensure success, 154 2 individually and collectively. The result will be not only a cleaner beach but a healthier marine environment, a more pleasant visitor experience, and an improved quality of life for residents. We recommend the following specific actions be implemented in their totality: BEACH RULES  Amend Tybee’s Beach Rules to include all forms of smoking and e- cigarette products on the beach and dune crossovers (smoking is already prohibited in city parks and on the Pier). E-cigarette and vaping litter is a growing segment of beach litter that has toxic residue and is mostly made of plastic, with unknown secondary inhalation effects. Consider using the existing draft amendment from 2015 to expedite passage prior to the next renourishment while sand is clean. ENFORCEMENT  Instruct enforcement personnel to seek voluntary compliance by approaching smokers and asking for their cooperation. Issue tickets only for (blatant) non-compliance. Consider using the same approach for all three principle rules on the beach: dogs, glass, and smoking. The City should explore making the fines a civil offense and employing a seasonal Beach Patrol, vs. using fully Certified Police Officers, freeing up officers to patrol the streets while they remain available to rapidly respond to calls from the Beach Patrol, as is done with Parking Services.  Ramp up enforcement personnel during the spring and summer seasons (as mentioned, consider alternatives to armed Certified Police Officers for beach patrols). Focus on foot patrols in the parking lots and beaches between 14th and 19th Streets, and along Tybrisa and Strand.  Shift enforcement hours to late afternoons and evenings through dusk, especially in summer, when the majority of infractions occur. INFRASTRUCTURE  Conduct second trash and recycling pickups at high-traffic beach and lot areas on weekends or as needed.  Establish a part-time City Litter Patrol to remove street litter on residential streets (on golf carts), particularly those close to the beach and marsh, and establish a litter hotline for rapid city response. EDUCATION  Conduct extensive education campaigns aimed at reducing all types of litter, with emphasis on the most harmful. Be creative; engage TIMA, TAA, and other Island stakeholders. BUSINESS INVOLVEMENT  Incentivize businesses to reduce harmful plastics, trying different voluntary measures; target plastic straws, Styrofoam cups, plates, clamshells, and coolers, plastic cutlery, and plastic bottles and bags. 155 3  Engage vacation-rental managers in litter messaging; provide each guest with a welcome letter and reusable bag/bottle/straw (with City or sponsor logos). 3. Focus on Cigarette Butts During beach sweeps, we’ve removed over 310,000 butts from the beach during the period of January 2017 through June 2019, handled as follows:  245,650 – recycled with TerraCycle  25,000 – awaiting shipment to TerraCycle  30,000 – on display at Tybee Island Marine Science Center  12,000 – on display with Tybee Clean Beach Since many of the butts collected were too wet to recycle, and not all butts collected by volunteers are segregated into the provided paint cups, and assuming that 25% are not counted in this way, the true total is closer to 390,000. If you further assume that cleanup efforts have collected 25–50% of the actual number of butts discarded during this timeframe, then the number of butts left on Tybee’s beach since 2017 can be estimated to be between 800,000 and 1.5 million, possibly higher. Extrapolating, the estimate grows to between 1.5 million and 3 million since the last beach sand renourishment in 2015. 4. Effect of Butts in a Marine Environment Much has been written about the unique harm posed by spent cigarette butts in a marine environment, and this research is worth a read. Highlights include:  When wet, butts leach toxins that include arsenic, ammonium, lead, acetic acid, benzene, hexamine, and chromium, all highly toxic to marine life.  Each filter contains approximately 15,000 cellulose acetate fibers, which are non- biodegradable.  Estimates vary, but it takes between 2 and 12 years for a filter to degrade, and the fibers never fully biodegrade. If a discarded butt is not picked up, only three outcomes are possible, all with harmful consequences: a) The filters get buried and degrade into the sand or pluff. b) The filters are taken out to sea. c) The filters are ingested by animals, birds, or sea creatures. 5. Frequency Distribution of Tybee Beach Litter From 2014 to 2016, samples of collected litter were counted by trained volunteers. To ensure a reliable data set, volunteers were assigned to clean up a beach “block” (e.g., 17th to 18th Streets), walking along the dune line in one direction and across the dry sand when returning, with focus on the high tide line(s), removing all visible litter along the way. All items were then counted and tracked using a common count sheet. Samples were taken from all areas on the Island, with focus on the south end between 13th and 19th Streets. The most useful aspect of this data is its reliability in determining the frequency of all types of litter dropped on Tybee’s beach (litter by 156 4 item count rather than weight was determined to be a more effective measure, as almost all of the litter collected on Tybee is very lightweight). The following is the actual frequency distribution of litter type in rank order on Tybee Island’s beaches, based on this sampling: 1. Cigarette butts, wrappers, foil, plastic cigarillo tips (~68% by volume) 2. Plastic straws and straw wrappers 3. Small plastic bottle caps (drink bottles, suntan lotion tops, etc.) 4. Paper & cardboard 5. Plastic snack wrappers 6. Plastic fragments, all sizes 7. Plastic drink lids 8. Plastic bottles 9. Aluminum cans 10. Pieces of polystyrene (Styrofoam) 11. Plastic bags & baggies 12. Fishing line & debris Based on this sample, the top ten items account for 93% of all beach trash, with over 90% composed of plastic (including cigarette butts). As a final note, we were able to determine that the vast majority of litter (>90%) was located in the most heavily trafficked parts of the beach, demonstrating that it was not brought in by the tide but rather was dropped by beach visitors. 6. Most Harmful Litter Types In our view, certain types of litter are much more harmful than other types, and this should guide the focus of anti-litter efforts. The following categories should be targeted, as they are the most frequent and most harmful litter streams:  Cigarette butts – leach numerous toxins, easily ingested, slow to fully degrade  Straws – harmful to sea turtles, degrade quickly into microplastic  Beach toys – major source of microplastic  Styrofoam – leaches styrene, carried by wind, breaks up easily, mistaken for food  Fishing line – lethal to marine life, potentially harmful to visitors  Plastic bags – harmful to sea turtles, easily carried by wind, degrade into microplastic It should be noted that plastic cutlery is ranked as the one of most harmful marine litter types by the Ocean Conservancy; although ranked #14 on Tybee’s list, it should be addressed due to potential harm. 7. Prior City Efforts to Combat Beach Litter (Recent) Enhanced Litter Enforcement – Just after the last beach renourishment in 2015, an amendment to Tybee’s Beach Rules was proposed, adding smoking as a prohibited activity. City Council did not pass the amendment, opting instead to focus efforts on enforcing the existing litter laws. Since then, very few tickets have been written for butt littering, as the Tybee Police will tell you 157 5 that it is very difficult to actually observe someone littering a butt (conversely, it is easy to spot a smoker). Beach Ambassador Program – In 2017 and 2018, the City established a Beach Ambassador program to answer visitors’ questions and encourage them to be careful with their trash. Information tents were set up at several busy dune crossovers where the Ambassadors would engage the public and distribute beach ashtrays (>1,000), mostly made by volunteers, four days a week between 10 a.m. and 2 p.m., or 11 a.m. and 3 p.m. The City discontinued the program after the 2018 season. Adopt-a Program – In 2019, the City established a program whereby residents commit to clean a section of beach or neighborhood on an at-least-monthly basis and submit a report capturing the amount of butts and litter removed (over 30,000 butts in 7 months have been reported). This program will continue in 2020. Coastal-Wide Anti-Butt Litter Initiatives with Keep America Beautiful Affiliates – In 2018 and 2019, the Beach Task Force, Tybee Clean Beach, and Fight Dirty Tybee have engaged with various coastal conservation groups along the Georgia coast in a sustained public service campaign called Georgia’s Coast Is Not an Ashtray. The campaign involves coordinated PSA spots, poster and coaster giveaways, and outdoor ashtray distribution and installation. 8. Experiences of Other Beach Towns Several years ago, we interviewed city officials at beach communities that had recently restricted smoking to hear of their approach and lessons learned. The following is a transcript of experiences for the two beach towns most similar to Tybee in size, population, and visitation. WRIGHTSVILLE BEACH, NC Wrightsville Beach is a community located east of Wilmington, NC, with a year-round population of 2,500 that swells to 45,000–50,000 during summer. The island is approximately 2.4 square miles long. When did your smoking ban go into effect? Smoking on Wrightsville Beach was banned in November 2012 after the measure passed with 65% of the vote in a referendum. Twice before, the Town Council had voted against the measure by a vote of 3–2. We began implementing the policy in the spring of 2013 by educating beachgoers about the rule rather than immediately writing tickets. What was the catalyst for the ban? We were responding to citizen requests to restrict smoking on the beach. I think Wrightsville Beach became smokeless for several reasons—the experience of fresh air and also the better visitor experience it causes. It’s been a pretty positive experience. We’ve found that the beach is a lot cleaner than it was in the past with cigarette butts. How have you prepared and educated the public? New signs were installed for visitors, and we began implementing the policy in the spring of 2013 by educating beachgoers about the rule rather than immediately writing tickets. For the 158 6 convenience of the beachgoer, cigarette receptacles are in place at most public access points so visitors can extinguish their cigarette without actually bringing it onto the beach. Two beach ambassadors also patrol the beach during the summer to educate tourists. How is it enforced, and is enforcement working? The town has issued verbal and written warning tickets, but there have been no actual fines, which is $50. There have been no issues to date with the ban. Has the ban reduced cigarette litter on the beach, and if so, to what degree? While we can’t quantify the reduction of cigarettes on the beach, the feeling is that the ban has significantly reduced overall litter on the beach. Are there any key lessons or takeaways you can share with us from your implementation experience? The way the initial ordinance was written, it was only enforceable above the high-tide line. At low tide, the ordinance would not apply to half of the beach. This caused confusion and opposition. REHOBOTH BEACH, DE Rehoboth Beach is a community of 1,500 year-round residents. A one-mile-long boardwalk runs the length of the public beach. The population swells to 25,000+ during summer. When did your smoking ban go into effect? Smoking on the beach (outside of designated areas) was banned in 2009 by City (Borough) Council vote. The designated smoking areas were located 20 feet onto the beach from the boardwalk, in a roped-off area. Last year, smoking on the beach and boardwalk were banned entirely. Convenient smoking areas, with receptacles, are now located close to the boardwalk entrances. What was the catalyst for the ban? We were responding to citizen requests. This is also part of an overall plan to improve the family-friendly image of our community. How have you prepared and educated the public? New signs were installed at all appropriate areas, and our town website was updated. Education occurs when smokers are told that the beach is now non-smoking. We have found that banning smoking on the boardwalk has been considerably more difficult than the beach, where most people seem to understand the need to do so. How is it enforced, and is enforcement working? Our town Code Enforcement Officials were given the task of education and enforcement. Fines have not been necessary. When smokers are approached, the ordinance is explained and designated smoking areas are pointed out (most city officials, when they see smoking in 159 7 prohibited areas, will approach smokers in a friendly manner and request compliance). Most smokers claim they did not see the signs and were unaware of the ordinance. Virtually everyone has complied voluntarily. We also found that fellow beachgoers have been letting smokers know of the ordinance themselves. There have been no reported incidents or arrests, and, as mentioned, no fines have been necessary. Has the ban reduced cigarette litter on the beach, and if so, to what degree? The difference in cigarette-related litter before and after the ban are like night and day. There were tons—thousands—of butts before the ban, and there are virtually no cigarette butts on the beach today. What would you estimate the cost of implementation to be? We spent around $3,000 on signs and other educational materials before and during implementation. The cost of enforcement was minimal, as our Code Enforcement Officers already patrol the beach and boardwalk, and they simply added smoking to their enforcement protocols. Are there any key lessons or takeaways you can share with us from your implementation experience? Everyone involved in implementing the ban must be committed to its enforcement. We agreed in advance that this would be the case, so that if a citizen complained to the Mayor, or Town Manager, or anyone in government, they would receive the same courteous response and there would be no attempts to slow or stop enforcement. 9. About Tybee Clean Beach Volunteers Tybee Clean Beach Volunteers (TCBV) is a registered Georgia nonprofit corporation founded in 2015. We received a 501(c)(3) designation in 2016, and since then we have hosted 239 beach sweeps involving 7,463 volunteer participants. The average sweep size is 31 participants, but they range in size from 10 to over 100 volunteers. TCBV hosts standing beach sweeps open to everyone on Sunday afternoons all year (weekly from April through September and every other week in the off season). Group sweeps are also conducted all year, and these have involved numerous businesses, universities, church and school groups, and US military personnel from Ft. Stewart and the US Coast Guard. During beach sweeps, we ask volunteers to segregate the butts they pick up from the regular litter by placing them in a paint cup attached to the provided bucket. Butts are then stored and eventually sent to TerraCycle in Trenton, NJ (after sand and debris are removed). TerraCycle shreds the butts, composting the paper and tobacco while cleaning and melting the filters into pellets, which are sold to manufacturers of heavy (typically outdoor) equipment. 10. Volunteer Reactions at Beach Sweeps A key element in all TCBV sweeps involves sorting the litter at the end of the event, as we strive to recycle, repurpose, reuse, or store for future use as much of the litter as is feasible. Many volunteers join in or watch this process, and they find it quite revealing. The most typical volunteer reactions after a sweep include these impressions: 160 8  Beach trash volumes are overwhelming.  Butts are everywhere, and the beach shouldn’t be used as an ashtray.  The numbers of butts, straws, discarded and broken beach toys, and polystyrene (Styrofoam) pieces, in particular, are shocking.  Many express a desire to see the City do more in terms of education, trash pickups, litter control, and enforcement. Volunteers often observe that there are overflowing trash cans on the beach and in the adjacent parking lots and that there are no City personnel present at the Sunday afternoon events. In fact, our volunteers have been involved in calling the police to report fights, drunken behavior, removal of sea life, injured animals, lost children, lost valuables, car races, and an assortment of (minor) injuries. Passers-by often come to our setup area to report on these problems, as there are no City personnel present in the evening. 161 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: 39. Bubba Hughes, City of Tybee Island Water and Sewer Requirements 162 X:\Clients\000572\000572\014536 - General\City of Tybee Water and Sewer Requirements 02-04-2020.docx City of Tybee Island Water and Sewer Requirements All requirements are taken from the City of Tybee Island Code of Ordinances, which are available at: • The cost of laying water pipes from the mains to the property line will be borne by the applicant, as herein provided. (Section 70-29) • Water tapping and sewer stubbing fees for a water consumer will be based on the following formula. The fee shall cover the cost of the meter and inspection of installation of same. Actual installation of both lines and meter shall be the responsibility of the applicant. This tapping stubbing fee is payable in advance. (Section 70-33) • Meter costs. The cost for a water meter for sprinkler systems, swimming pools, etc., shall be based on the size of the meter deemed necessary by the water and sewer department supervisor and/or his designee. The following rates cover the cost of the meter only. The property owner is responsible for both installation of meter and running of necessary lines. (Section 70-33) • Location of installation. Meters shall be installed as close to the property line of the customer as possible. All connections shall be inspected by a designated city employee from the water department. Only those properties where meters have been installed will be furnished water from the city water system. (Section 70-34) • Access to premises. The duly authorized employee of the city shall have at all times free access to the premises for the purpose of readying the meter or removing the same for the purpose of testing its accuracy. (Section 70-34) • Permanent fixture upon property. Each meter shall become a permanent fixture upon the property or premises where installed and may be transferred upon the transfer of ownership of the property or premises to provide for continued water service to that property. • Meter size. The size of the water meter shall be in accordance with the decision of the department director. (Section 70- 34) • Responsibility of property owner. Water laterals are to be maintained by the property owner. The owner of the property serviced by city water service shall be responsible for maintaining the water pipes between the plumbing fixtures on the property to the property line or the water meter keeping them in good operating condition and free from all internal obstructions. (Section 70-34) • Separate meters for multiple units. Duplexes, multiple-family dwellings and structures divided into several apartments, offices, or separate businesses, excluding hotels and motels, shall be so equipped that each unit can be supplied with a separate meter. The rate for each meter shall be based on the service rate schedule; provided, however, that in the case of existing buildings the city may allow one meter of the proper size to continue to be utilized. The rates for that meter shall be based on a standby minimum base charge for each dwelling unit or business unit. The actual water usage shall be computed on the primary unit, according to the meter reading, and so billed. In all such instances of multiple units, the property owner shall be billed for all service charges for all units. (Section 70-34) • Circumstances for water service. Water meters shall be installed upon issuance of a building permit so that water may be available during the construction process. Normal occupancy billing will begin for new construction after a certificate of occupancy is issued by the city and at the time the first occupant occupies the building, whether it is the owner, a short term or long-term lessee, or a purchaser. In the event a structure is unfit for habitation or use, due either to the absence of a certificate of occupancy or by condemnation, and the owner thereof nevertheless effects occupancy of the premises, the city shall not provide water and sewer services to the premises. (Section 70-34) • The city shall have the right to shut off the water supply for the purpose of making any additions and repairs as may be desired or necessary to the water system, and the city shall not be liable to any customer for any damage resulting from that shutoff. (Section 70-42) • Permit required prior to use. No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the superintendent. (Section 70-75) • Costs. All cost and expense incident to the connection of the building sewer from the owner's building to the public sewer shall be borne by the owner. Any connection from the owner's property into the public sewer shall be made by the owner and inspected by a designated employee of the sewer department, and no connection into the public sewer shall be covered until approval of the superintendent of the department is granted. The owner shall pay the city a standard sewer tap fee for each tap into the public sewer. (Section 70-75) • Connection with public sewer. The connection of the building sewer into the public sewer shall be made at the Y branch, if that branch is available at a suitable location. If the public sewer is 12 inches in diameter or less and no properly located Y branch is available, a Y branch shall be installed by the owner in the public sewer at the location specified by the superintendent. Where the public sewer is greater than 12 inches in diameter, and no properly located Y is available, a neat hole may be cut into the public sewer to receive the building sewer when used with a flexible saddle and stainless steel bands to fasten to the main sewer, and concrete shall not be used. Special fittings may be used for the connection only when approved by the superintendent. (Section 70-75) 163 164 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: 42. Shawn Gillen: Wellness Program Description 165 Events and Lunch and Learns for 2020 January 16 Lunch & Learn Nutrition/Reading Labels (YMCA) January 31/Feb 1 Critz Tybee Run February 20 Lunch & Learn: Activate (YMCA) - YMCA Weight Room: 11:30 am & 12:30 pm (6 weeks program to help make lifestyle changes for your health) March 12 Lunch & Learn: Diabetes (YMCA) – Cafeteria: 11:30 am March (TBA) Biometric Screening: Cafeteria: 9:00 am – 1:00 pm March 26 Lunch & Learn: Stress (John Capachione - EAP) Cafeteria: 12:30 pm April 13-May 10 Walking Challenge April 16 Lunch and Learn: Yoga Class (YMCA) – Place and Time TBA April 25 Turtle Trot: 5K Beach Run and Turtle Release May 19 & 21 Paddle Board Clinic (YMCA) – Place and Time TBA May 31 Trybee Island Sprint Triathlon June 4 Disc Golf Clinic (George Shaw) - Jaycee Park: 11:30 am & 12:30 pm June 18 Lunch & Learn: Skin Cancer Information – Cafeteria: 11:30 am July 23 Financial Wellness (Jennifer Disrud – Nationwide Rep) – Cafeteria: 12:30 pm August 20 Lunch & Learn Stress: Hurricane Preparedness (CEMA) – Cafeteria: 11:30 am September 10 Lunch & Learn: Ovarian and Prostrate Cancer – Cafeteria: 11:30 am October 16 Employee Picnic – Frisbee Competition (Jaycee Park): Noon - ?????? October 8 Lunch & Learn: Flu Information & Flu Clinic (YMCA) – Cafeteria: 11:30 am October 22 Lunch and Learn: Breast Cancer Awareness (YMCA) – Cafeteria: 11:30 am November 23 – Jan 3 Holiday Walking Challenge November 28 Pickle Run: 5K (TBA) There will be a Spring and Fall Skin Screening Clinic – Place and Time TBA 166 CITY OF TYBEE ISLAND WELLNESS PROGRAM “2020 AWARENESS TO WELLNESS” WHY SHOULD YOU PARTICIPATE IN THE CITY OF TYBEE ISLAND “AWARENESS TO WELLNESS” PROGRAM? The City of Tybee Island Wellness Committee believes in your future and wants to invest in the best YOU now. Taking care of the health of you and your family is extremely important to the City. We are proud to continue to invest in the well-being of employees by offering a robust wellness program created to promote healthy lifestyle choices. The City of Tybee Island strive s to promote health awareness among its employees by offering the “Awareness to Wellness” program. This will help us lower the cost of healthcare premiums, serve as role models for the community, and ensure a better quality of life for our employees and their family members. WHO IS ELIGIBLE? The City of Tybee Island Wellness Program is available to all full time employees. All other employees are welcome to attend any of the events and lunch and learns but are not eligible to earn point. PROGRAM DESCRIPTION The City of Tybee Island “Awareness Wellness Program” is designed to empower employees to take personal control over their own health. By participating in a variety of City-sponsored health promotion programs and activities, employees can earn $1 for every 1 point earned (up to $900 or 900 points) throughout each calendar year. Points may be earned by reaching “participation tiers.” (See Tiers below) TIERS: TIER 1: Earn 450 points to be completed before May 30th. TIER 2: Earn 450 points to be completed before November 30th. TIER 3: Earn 1000+ points by November 30th earn 1 Wellness PTO day. 167 WAYS TO EARN POINTS THROUGH CITY-SPONSORED EVENTS Employees will keep track of their points on a monthly log sheet (provided to you by the City). Points earned must be reported to the Wellness Committee Member listed below by the deadline of either May 30th or November 30th so that incentives can be paid on time. Participation in the wellness program is strongly encouraged! Not only will this help contain healthcare costs for the City (which will also affect your benefits and paycheck deductions), but it will help you become more aware of and focused on improving your overall health. PLEASE NOTE: If there is a wellness item or activity that you want to participate in or have participated in and it is not listed below, please contact the HR Director. The HR Director will submit to the Wellness Committee for approval to receive credit for your earned points! IMPORTANT DEADLINES: Participants will be paid for their participation two times each year.  May 30th to receive wellness incentive in June  November 30th to receive wellness incentive in December No log sheet collected after the deadline will be processed! WELLNESS ACTIVITIES GENERAL HEALTH POINTS MAX PER YEAR Complete Annual Wellness Exam (Must be completed by Nov 15) 100 100 Mammogram 50 50 Pap or Prostate Screening 50 50 Preventive/Cleaning Dental Exam (2 per year) 50 100 Annual Eye Exam 50 50 Complete Skin Cancer Screening 50 50 Complete United Healthcare Online Health Risk Survey 50 50 Complete Biometric Screening 75 75 Attend a Lunch and Learn (12 per year) 20 240 Get Flu Shot 25 25 Other Immunizations approved by Wellness Committee 25 100 Participate in Walking Challenge (2 a year) 50 100 Participate in Maintain-Don’t Gain Challenge 50 100 Sign up for any Walk, Run, Swim Event (4 per year) 50 200 Enroll in any Class offered by YMCA for 1 month (4 per year) 25 100 30 Min Activity 3 Times a Week-YMCA Gym or Outside using Fitbit 5 260 Volunteer for any Community Event or Program (10 per year) 25 250 Total Point Per Year 1900 To receive the wellness incentives, participants will need to submit their points to Jamey Rabun at the Campground: jrabun@cityoftybee.org 168 You can contact Jamey for your wellness score sheet at 912-472-5016 UHC SIMPLY ENGAGED WELLNESS PROGRAM In addition to the City-sponsored wellness program, employees and spouses who are enrolled in one of the City’s UnitedHealthcare’s Medical Plans can participate in UHC Simply Engaged Wellness Program. Simply Engaged is an innovative wellness program designed to help you earn rewards for completing healthy behaviors. 1. How to earn and access rewards:  The Simply Engaged program is found within the Rally Health and Wellness experience.  Access www.myuhc.com and click the Rally link under Health Resources.  Register on Rally to view and track your activities and start earning your Simply Engaged rewards. 2. Incentives:  Maximum Annual Incentive: Up to $200/employee and $200/spouse.  Rally Coins: In addition to earning gift cards you will receive Rally Coins for completing Healthy Actions. Rally Coins can be used as entries into sweepstakes for chances to win health and technology related prizes. 3. Getting Started:  Health Survey: Complete your confidential Health Survey to earn rewards and get your Rally Age. This is an assessment of your current health compared to your actual age. This survey includes feedback and recommendations to help you set goals that may be important to you!  Continue to earn points for activities like participating in suggested missions, health coaching and more! Please see the following charts for a list of all the ways you can earn points. 4. How to redeem your gift cards:  Go to www.myuhc.com and login.  Click on Health Resources at the top of the screen.  Click on the Visit Rally Now button, click the Rewards button and then Redeem Credits.  Select the Gift Card Category, retail vendor of your choice, value of your gift card and then add to cart and check out.  To review your confirmation, click Return to All Rewards and under the Reward tab click Redemption Details. You will be able to use your gift card code to make online purchases or print out the gift card to use in store. COMPLETE HEALTHY BEHAVIORS AND BE REWARDED HEALTH ACTION REWARD Health Survey $25 + Rally Coins Biometric Screening $75 + Rally Coins Missions $40 + Rally Coins Health Coaching $75 + Rally Coins Fitness Action $20/mo. + Rally Coins Health Care Cost Estimator $25 + Rally Coins 169 List of Organizations/Events for Volunteer Opportunities on Tybee Island: Adopt-A Program - A monthly commitment to clean up an adopted area at least once a month and a complete a Pickup Report after every pick-up. Participants are able to join at any time throughout the year committing to the monthly pickups for the months remaining in that year. Contact: Email: rrosner@cityoftybee.org Website: www.cityoftybee.org/371/Adopt-an-Area-Program American Legion Contact: Ron Vollmer Email: Phone: Burton 4-H Center Contact: Erine-Fay McNaught Email: Phone: Coastal Mermaids & Pirates Barbara Hayes Contact: Barbara Hayes Email: Phone: Farmers Market Contact: Stephen Johnson Email: Phone: Food Pantry Contact: Roxy Hogan Email: Phone: Fresh Air Home Contact: Susan Arden Email: Phone: Operation Starlight Contact: Emory Randolph and Jessica Wright Email: Phone: Tybee Arts Association Contact: Renee Email: Phone: 170 Tybee Clean Beach Volunteers Typically meet every Sunday afternoon (every-other from November to March) for as long as you would like, usually about an hour. They rotate locations, which are posted on their website and announced via email to their email group. Contact: Email: tybeecleanbeach@gmail.com Website: www.Tybeecleanbeach.com Tybee Festival Association/Pirates Fest Contact: Jenny/Christi Email: Phone: Tybee Island Historical Society Offer both morning and afternoon shifts every day except for Tuesdays, and need at least 6 volunteers per day/3 each shift at the Museum, Lighthouse, and head keepers. Contact: Gus or Art Email: volunteers@tybeelighthouse.org Phone: 912-786-5801 Tybee Island Main Street Need Volunteers on August 22nd for Beachstock Event (previously Community Day) and on December 4th for the nighttime Christmas Parade Contact: Michelle Owens Email: michelle.owens@cityoftybee.org Phone: 912-472-5071 Tybee Island Maritime Academy Contact: Noel – waiting on response from Jennifer/Principal Email: Phone: Tybee Island Marine Science Center Most volunteer opportunities are based on upcoming programming each week, normally only 1-3 volunteers are needed at a time and it is preferred first-time volunteers go through an orientation process. However, with the move to the new building, and for events such as the Turtle Trot on April 25th, additional volunteers may be needed. Contact: Email: beth@tybeemarinescience.org Tybee Post Theater Opportunities for 50-60 volunteers each month, with three or four staffing every event in box office, will call and usher positions. Events are typically Thursday-Sunday evenings and some Saturday- Sunday afternoons. Volunteers get free access to the events they staff. Contact: Email: info@tybeeposttheater.org - send your name, address, email address and phone number, Jaime Whalen the volunteer coordinator will contact you. 171 S.A.N.T.A/Poker Run/Other Poos Events? Contact: Heather Email: Phone: YMCA -Skate Nights (2/21, 3/20, 4/17, 6/19, 7/17, 8/21, 9/18, 10/16, 11/20) -Healthy Kids Day May 2nd -Trunk or Treat October 31st -Christmas in the Gym December 5th Employees may also volunteer to read to the kids during summer camp and to coach sports! Contact: Makenzie Mullins Email: Makenzie.mullins@ymcaofcoastalga.org Phone: 912-786-9622 Tybee Island Library (Story time on Tuesday) Contact: Email: Phone: Visit Tybee/Visitor Center Contact: Kim/Liz – Liz responded that Visit Tybee does not have anything at this time Contact: Email: Phone: Churches Trinity Chapel All Saints Saint Michael’s (Carolynn Williams, Michael Beytagh) 172 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: 44. Shawn Gillen: Parking Fines - Action Item 173 174 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: 46. Shawn Gillen: Creation of three part time Code Enforcement Officers in the TIPD for 29 hours per week starting March 23, 2020 (15 weeks), $21,982 175 Personnel (Proposed) July 2019 - June 2020 Department Police Department Budget Request Dept #3210 Chief Robert Bryson Submitted by Janice Elliott Type Code Item Number Line Item Description Details / Job Title # Positions Required Grade Annual Amount 51 1100 Salaries and Wages Holiday Pay Vac Pay In Lieu of Time Off Longevity Pay Uniform Cleaning POAB Total Animal Control 2 PT (20 hrs)104 Full Time Total Detention Officer 4 PT (20 hrs) 104 - 51 1200 Part Time / Seasonal Wages Code Enforcement Officers 3 PT (29 hrs)104 19,400 51 1300 Comp Pay/Overtime Wages 51 1400 Benefit - Phone and Car 51 2910 Wellness Incentive Total Wages 19,400 51 2100 Group Insurance Employee Health Ins 15% Increase 51 2200 FICA 6.2% of total wages 1,203 51 2300 Medicare 1.45% of total wages 281 51 2400 Retirement contributions 9.83% GMEBS 51 2600 Unemployment Insurance 51 2700 Workers Compensation 5.66% of Gross Wages 1,098 Total for Dept 21,982 Page 1 of 1 176