HomeMy Public PortalAbout20200409Packet (2).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 G E N D A
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
April 09, 2020 at 6:30 PM
Please silence all cell phones during Council Meetings
Opening Ceremonies
Call to Order
Invocation – Jan LeViner
Pledge of Allegiance
Consideration of Items for Consent Agenda 6:30PM
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
1. Minutes, Special City Council Meeting, March 11, 2020
2. Minutes, City Council Meeting, March 12, 2020
3. Minutes, Emergency City Council Meeting, March 16, 2020
4. Minutes, City Council Workshop/Meeting, March 18, 2020
5. Minutes, Emergency City Council Meeting, March 30, 2019
6. Special City Council Meeting, April 2, 2029
Consideration of Ordinances, Resolutions
7. Second Reading, 2020-03, Establish Civil Offenses
Consideration of Approval of Consent Agenda
Consideration of Bids, Contracts, Agreements and Expenditures
8. Budget Amendment request to transfer from Fund 540 to Fund 100 for Recycling and
DPW Supplies and Materials
9. Host Compliance Services Agreement, Short Term Rental Compliance Software
10. Gary and Kathy Dennis, Memorandum of Understanding, Adoption of the Tybee Anchor,
Hwy 80 and Butler Avenue
11. Request to approve contract for Earth Balance for Phase II of the Dune Vegetation
project.
12. Agreement for Disaster Recovery and FEMA Public Assistance, Goodwyn, Mills and
Cawood, Inc.Goodwyn, Mills and Cawood, Inc.
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Council, Officials and City Attorney Considerations and Comments
13. Bubba Hughes:
1. Status of Emergency and Executive Orders
2. Possible extension of 2020-14, Emergency Declaration and Ordinance
3. Status of rent on City properties
4. Permitted or unpermitted events are prohibited for next 30 days
Minutes from Other Committees (Information Only)
14. Minutes, Ethics Commission Meeting, January 15, 2020 (Information Only)
Adjournment
Individuals with disabilities who require certain accommodations in order to allow them to obse rve and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings,
should do so during the citizens to be heard section. Citizens wishing to place items on the council
meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM
prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City
Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible
planning, preservation of our natural and historic resources, and partnership with our community to ensure
economic opportunity, a vibrant quality of life, and a thriving future.”
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
1. Minutes, Special City Council Meeting, March 11, 2020
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City Council Meeting, March 11, 2020
Mayor Sessions called the Special City Council Meeting to order at 3:30PM, March 11, 2020. Those
present were Monty Parks, John Branigin, Nancy DeVetter, and Spec Hosti. Also attending was
Jan LeViner, Clerk. Jay Burke and Barry Brown were excused.
Consideration of Budget Amendment, Marine Science Center. Monty Parks made a
motion to approve. John Branigin seconded. Vote was unanimous to approve. 4-0.
Spec Hosti made a motion to adjourn. Monty Parks seconded. Vote was unanimous, 4-0.
Special Meeting was adjourned at 3:35PM.
______________________________
Janet R. LeViner, CMC
Clerk
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
2. Minutes, City Council Meeting, March 12, 2020
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City Council Minutes, March 12, 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, February 27, 2020
Out-of-State Travel: Captain Hayes, Lt Randolph and Major Fobes, Orlando,
Florida, March 3 - 6, 2020. Approval needed in retrospect
Out-of-State Travel, Joel Fobes, July 4 - 24, 2020, Boston University, Boston Mass.
Out-of-State Travel, Captain Hayes, FBI Academy, Quantico, VA. March 30 - June
5, 2020. She will be driving a marked patrol car for the training.
Approval Contract, Secure Records Solutions, LLC.
Lease, Tybee Island Marine Science Center. Mr. Hughes confirmed changes per
Mayor and Council have been included to include (1) the name remaining Tybee
Island Marine Science Center and (2) one five (5) year renewal term. He would
like it in the record the contract has been approved.
Standby Contract for Disaster Debris Recovery Services with Crowder Gulf to be
signed by Mayor and City Attorney
Budget Amendment to cover cost of Classification and Compensation Study
Shawn Gillen: Confirmation, Jen Amerell, Finance Director
Monty Parks made a motion to adjourn to Executive Session to discuss Litigation and
Real Estate Acquisition. Barry Brown seconded. Vote was unanimous to approve, 6-0.
Monty Parks made a motion to adjourn and return to regular session. Spec Hosti
seconded. Vote was unanimous to approve, 6-0.
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: Ken Douberly, St. Michaels Parrish
Pledge of Allegiance
Citizens to be Heard. Mayor Sessions invited the public to voice their
thoughts regarding the upcoming Irish Heritage Parade.
Jay Burke recused from discussions
Fran Galloway approached Mayor and Council to speak against moving forward with
the Irish Heritage Parade
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Ted Ward approached Mayor and Council to speak against moving forward with the
Irish Heritage Parade
Donna Wilson approached Mayor and Council to speak in favor of moving forward with
the Irish Heritage Parade
Diane Scarwood approached Mayor and Council to speak against moving forward with
the Irish Heritage Parade
Diane Hollis approached Mayor and Council to speak in favor of moving forward with
the Irish Heritage Parade
Dotty Kluttz approached Mayor and Council to speak in favor of moving forward with
the Irish Heritage Parade
Steve Marlay approached Mayor and Council to speak in favor of moving forward with
the Irish Heritage Parade.
Monty Parks made a motion to postpone the Irish Heritage Parade and work with other
communities on another date. Nancy DeVetter seconded. Mr. Parks read from a
prepared statement recommending the City of Tybee coordinate with our partners in
Savannah and support a decision to hold the parade at a later date. He further
recommended the coordinators of the parades not rely on the council vote but rather join
in with other cities and acknowledge a possible public safety issue. Mr. Parks also stated
the parade poses an unnecessary risk to our residents and businesses and will be putting
our servers, cooks, bartenders and any other workers in our service industry at risk.
Mayor pro tem Brown gave statics regarding the virus as to those who have been infected
and deaths. He is not in favor of cancelling the parade. Ms. DeVetter stated she agrees
with Mr. Parks in postponing the parade. She stated Tybee is not immune to the virus.
Ms. DeVetter recommended the City follow the recommen dations of the CDC and follow
good medical advice in protecting their citizens. She feels we are taking an unnecessary
risk by having the parade and the City has a responsible to our citizens to put their health
and safety first. She is in favor of postponing the parade. Mr. Branigin made reference to
the weather for the upcoming weekend where every restaurant and bar will be full and
how is the parade different. The City cannot close the beach, close the bridge, and stay in
our homes. It will not make a difference. Mayor Sessions stated this is a very difficult
decision for the Mayor and Council and it is important to remember Mayor and Council
are trying to balance the health issues, safety issues and traffic. Our first priority, no
matter how you define it is public safety. Voting in favor were Monty Parks and Nancy
DeVetter. Voting against were John Branigin, Barry Brown and Spec Hosti. Vote was 3 -
2 to deny. Motion failed.
John Branigin made a motion to move forward with the Irish Heritage Parade as
scheduled. Spec Hosti seconded. Voting in favor were John Branigin, Barry Brown
and Spec Hosti. Voting against were Monty Parks and Nancy DeVetter. Motion to move
forward with the Irish Heritage Parade approved 3-2.
Jay Burke returned to his seat.
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Tim Arnold approached Mayor and Council representing Tybee Clean Beach
Volunteers. Mr. Arnold spoke on the litter ordinance, enforcement and the civil fines
which allows Code Enforcement Officers to walk the beach. He applauds that the Mayor
and Council have moved forward with a smoke free beach imitative when the beach was
re-nourished, $15M of clean sand. We also need to have renewed education and an
ordinance to be effective. Mr. Arnold expressed his concerns with the proposed ordinance
as to the enforcement. He stated we do not need additional rules and he encourages
Mayor and Council to try the approach of a smoke free beach for a year. The Clean Beach
Volunteers will continue to clean the beach and work with Code Enforcement. Mayor
Sessions thanked Mr. Arnold and the Volunteers for everything they do to keep the beach
clean.
Monty Parks made a motion to approve the consent agenda. Jay Burke seconded.
Vote was unanimous, 6-0.
Public Hearings
Site Plan and Variance: consideration of two foot setback and reduction of
required square footage for a duplex on lot: Lot 325 on Naylor Avenue, Zone
R-T, Pin: 40020 05005, Christa Rader. George Shaw approached Mayor and
Council. Mr. Shaw stated Mack Kitchens presented for Ms. Rader at the recent Planning
Commission Meeting explaining their request for setbacks. The Planning Commission
recommended denial of the petition, 5-0. Staff recommends denial as well. Mr. Shaw
stated the lot is large but not large enough for a duplex per the City’s ordinance. Mr. Hosti
asked Mr. Shaw if the petitioner has sufficient land for a duplex. Mr. Shaw responded no.
The petitioner is asking for a variance to reduce the required sq. ft. to build a duplex and
a setback variance. Margaret Lewin approached Mayor and Council. Ms. Lewin stated
her property abuts the property in question and she would as Mayor and Council vote to
deny. She further expressed her concerns with a duplex being in her neighbor and the
increased traffic. Monty Parks made a motion to deny. John Branigin seconded.
Vote was unanimous to deny, 6-0.
Special Review: adding a temporary modular building on south side of City
Hall, 403 Butler Avenue, Pin: 40004 21001, Zone PC: City of Tybee Island.
George Shaw approached Mayor and Council. Mr. Shaw stated the modular building
would be used for offices and will be on the south side of City Hall between City Hall and
the library. This would be temporary until such time as a more permanent solution could
be agreed upon. The Planning Commission voted to approve, 5-1. Staff has also
recommended approval. Mr. Parks asked Mr. Shaw if this would allow for a second story
on the modular building. Mr. Shawn responded no. Mr. Hosti stated the City needs a
municipal building. Spec Hosti made a motion to approve. Monty Parks seconded.
Vote was unanimous to approve, 6-0.
Variance: Consideration of request for setback variances of 4'9" on west
side, 10'3" on north side, 2' on south side for primary structure and a
variance of 12' for stairs on south side: 10 Robinson Ave, Zone R-1: Pin
40002 08005: Joseph Mikielian. George Shaw approached Mayor and Council.
Mr. Shaw stated the lot has been before Mayor and Council at least three times and the
reason the petitioner is asking for such specific variances as there is an existing
foundation and they would like to use that same foundation. Staff is recommending
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approval as it is a historic foundation and the Planning Commission recommended
approval, 4-2. LeAnn Marsh approached Mayor and Council representing the
petitioner. They are requesting the same variance that was approved twice previously.
Monty Parks made a motion to approve. Jay Burke seconded. Vote was unanimous
to approve, 6-0.
Private Parking Lots: Mayor Sessions confirmed with Mr. Hughes there will be a
vote on each parking lot. Mr. Hughes stated it is his preference. Mr. Parks asked Dr.
Gillen, during the discussion of each parking lot, if there are violations/complaints/fines
to let Mayor and Council know. Dr. Gillen confirmed.
215 Lovell Avenue: Pin 4-0004-09-008A: Zone R-2: Marianne Bramble,
petitioner. Marianne Bramble approached Mayor and Council. Ms. Bramble stated
she is the owner of the parking license. She would request Mayor and Council extend the
32 days previously approved and would like to begin selling parking the first weekend of
May which would add six more days to the license. Ms. Bramble explained the Wine
Festival has been moved to Memorial Park from the Lighthouse and is the first we ekend
in May. With this being said she is requesting six more days, beginning the first weekend
in May and ending on Labor Day. Mayor pro tem Brown stated he is not in favor of
commercial use in residential areas and asked what benefit does her parking l ot provide
to the City other than to operate a business. Ms. Bramble responded, in front of her
parking lot is the parking lot from a commercial business, Funky Fish. She feels her
parking lot does not generate enough revenue to hurt the City. Mayor pro tem Brown
expressed his concern with her right to have a parking lot in a residential area when other
citizens cannot. Mr. Hughes stated there is a long history with the private parking lots in
residential areas. When it started it was set to relieve some parking pressures on the City
by allowing parking in residential. The current ordinance states there may not be any
further private parking lots in residential as the four before Mayor and Council tonight
were grandfathered. Ms. Bramble stated her property allows for parking as it is a large as
is Ms. Prescott’s lot. She again asked for six additional days. Mr. Branigin asked Mr.
Hughes if the ordinance would need to be changed if Ms. Bramble was given the
additional six days. Mr. Hughes stated no as there is flexibility in the ordinance. Mr.
Parks asked if it has been advertised to add days to the permit. Mr. Hughes stated the
ordinance allows Mayor and Council by imposing conditions to set what the days and
hours will be. Mr. Parks confirmed and his concern is the surrounding residents have not
been given the opportunity to speak either for or against the additional days. Mr. Hughes
confirmed. Mr. Parks recommended advertising for a public hearing to give residents an
opportunity to speak regarding the additional days. Monty Parks made a motion to
approve as submitted. John Branigin seconded. Discussion: Ms. DeVetter stated
she is not in favor of allowing commercial use in residential zones. She stated she is open
to everyone who is similarly situated who might have a better option of providing property
that can be used for parking lots rather than only four people who have had the license
for ten or plus years. Mr. Hughes responded, the ordinance only permits those who were
grandfather as they were already in operation at the time. Voting in favor were Jay
Burke, Monty Parks, John Branigin and Spec Hosti. Voting against were Barry Brown and
Nancy DeVetter. Vote was 4-2 to approve.
1001 Butler Avenue: Pin 4-0006-14-013: Zone R-2: Renee Bridges,
petitioner. Spec Hosti made to motion to approve. Monty Parks seconded.
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Discussion: Mayor pro tem Brown stated there have been numerous complaints
regarding this parking lot from the neighbors. They are most concerned with overloading
“their” family beach access. Mayor pro tem Brown stated the parking lot has 30 spaces
and on an average three people to a car which cause a great amount of pedestrian traffic
on 10th Street. Voting in favor were Monty Parks, John Branigin and Spec Hosti. Voting
against were Jay Burke, Barry Brown and Nancy DeVetter. Shirley Sessions voting in
opposition. Motion to approve failed 4-2.
214 Second Avenue: Pin 4-0004-09-007: Zone R-2: Joyce Prescott,
petitioner. Marianne Bramble approached Mayor and Council representing Ms.
Prescott. Ms. Bramble asked for an additional six days added to their license beginning
the first weekend in May and through Labor Day. Mayor pro tem Brown stated to his
knowledge there have never been any citations or issues with their parking lots. Monty
Parks made a motion to approve. Jay Burke seconded. Voting in favor were Jay Burke,
Monty Parks, John Branigin and Spec Hosti. Voting against were Barry Brown and Nancy
DeVetter. Vote was 4-2 to approve.
Dotty Kluttz approached Mayor and Council. Ms. Kluttz asked if the City oversees the
parking lots for violations during the year or is this the only time. Dr. Gillen responded
the City Marshall monitor these lots and if there are violations, citations are written. Only
one petitioner before them tonight has a citation in the record for the past year.
Marianne Bramble approached Mayor and Council. Ms. Bramble stated previously
Mayor and Council has specified how many cars can be parked in a private parking lot.
She stated they have had to submit on a yearly basis a stamp/certified survey of their
parking area. This is submitted in December and then wait for it to be added to an agenda
for approval. She and Ms. Prescott will comply with the wishes of Mayor and Council.
203 14th Street: Pin 4-0007-18-001: Zone R-2: Jack Rosenberg, petitioner.
Michael Rosenberg approached Mayor and Council. Mr. Rosenberg asked for a
favorable vote with their parking lot. Ms. DeVetter asked Mr. Rosenberg if they have
received citations regarding the parking lot or are they on probation. Mr. Rosenberg
stated there was an issue but has since been resolved. He assured Mayor and Council that
there will not be any issues in the future. Mayor pro tem Brown asked Mr. Rosenberg
how many citations have been issued. Mr. Rosenberg responded only two. Mr. Parks
recommended if the Rosenberg’s receive another citation, their license be revoked.
Monty Parks made a motion to approve with the caveat if Mr. Rosenberg receives
another violation in the next season, their license would be revoked. John Branigin
seconded. Voting in favor were Monty Parks, John Branigin and Spec Hosti. Voting in
opposition were Nancy DeVetter, Jay Burke and Barry Brown. Mayor Sessions voting
against. Motion to approve failed, 3-4. Barry Brown made a motion to deny. Nancy
DeVetter seconded. Voting in favor were Jay Burke, Nancy DeVetter and Barry Brown.
Voting to deny were Monty Parks, John Branigin and Spec Hosti. Mayor Session voting
in opposition. Motion to deny failed 3-4. Monty Parks made a motion to approve with
a caveat if within the next two seasons a citation is received, their license will be revoked.
John Branigin seconded. Voting in favor were Jay Burke, Monty Parks, John Branigin
and Spec Hosti. Voting against were Barry Brown and Nancy DeVetter. Vote was 4-2 to
approve.
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Bubba Hughes recommended a hearing be scheduled for the private parking lot, 1001
Butler Avenue: Pin 4-0006-14-013: Zone R-2: Renee Bridges, petitioner, to
protect from possible litigation. This will give the petitioner an opportunity to s peak in
their behalf.
1511 Butler Avenue: Pin 4-0008-07-005: Zone C-1/SE: Agnes Yao,
petitioner. Barry Brown made a motion to approve. Monty Parks seconded. Vote
was unanimous to approve, 6-0.
1401 Strand Avenue: Pin 4-0008-02-016: Zone C-1/SE: Brett Loehr,
petitioner. Monty Parks asked Mr. Hughes as this parking lot is in a commercial zone,
why does it need Mayor and Council to approve. Mr. Hughes stated in the past Mayor
and Council choose to include the two commercial lots with the approval process of the
private parking lots. Mr. Parks recommended in the future, the two parking lots in the
commercial zone are legal and not brought before Mayor and Council for approval. Mr.
Hughes confirmed. Spec Hosti made a motion to approve. Barry Brown seconded.
Vote was unanimous to approve.
Consideration of Ordinances
Second Reading, 2020-05, Sec 70-76, Use of Public Sewer. Spec Hosti made a
motion to approve. Monty Parks seconded. Vote was unanimous to approve, 6-0.
Second Reading, 2020-06, Chapter 70, Art. III A, Backflow
Ordinance/Prevent Program. Monty Parks made a motion to approve. Spec
Hosti seconded. Vote was unanimous to approve, 6-0.
Second Reading, 2020-07, Adopt Grease Management Program and the
Grease Enforcement Plan. Spec Hosti made a motion to approve. Monty Parks
seconded. Vote was unanimous to approve, 6-0.
Second Reading, 2020-09, Parking Fines, Sec 66-147, Sec 66-147(c). Monty
Parks made a motion to approve. Nancy DeVetter seconded. Vote was unanimous to
approve, 6-0.
Second Reading, 2020-10, Regular Meetings. John Branigin made a motion to
approve. Barry Brown seconded. Vote was unanimous to approve, 6-0.
Second Reading, 2020-11, Sec 12-1(a), Restriction on Beach Smoking in
Designated Areas. Monty Parks made a motion to approve with the caveat
enforcement would begin May 1st. Nancy DeVetter seconded. Discussion: Mayor
pro tem Brown asked Dr. Gillen if the City is working toward providing the residents
with an app for their telephones for reporting violations on the beach. Dr. Gillen
confirmed as he is working with Todd Smith, IT Department. Voting in favor were Jay
Burke, Monty Parks, John Branigin and Nancy DeVetter. Voting against were Barry
Brown and Spec Hosti. Vote to approve as amended, 4-2.
Council, Officials and City Attorney Considerations and Comments
Jan LeViner, Voter Rolls. Ms. LeViner stated she has received an update copy of
the Voter Rolls and will be forming a committee to review for possible challenges to the
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Chatham Council Board of Elections. Spec Hosti made a motion to approve moving
forward and asked that a plan be brought before Mayor and Council for final approval.
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 8:35PM.
______________________________
Janet R. LeViner, CMC
Clerk
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
3. Minutes, Emergency City Council Meeting, March 16, 2020
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City Council Minutes, March 16, 2020
Mayor Sessions called the Emergency City Council meeting to order at 4:30PM. Those present
were Jay Burke, Monty Parks, John Branigin, Barry Brown and Spec Hosti. Also attending were
Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; and Janet LeViner, Clerk of Council.
Nancy DeVetter attended via teleconference.
Mayor Sessions stated the purpose of this Emergency City Council meeting is to discuss the
City’s plan in light of the current coronavirus. She asked Dr. Gillen to report on the recent CEMA
meeting earlier that afternoon. Dr. Gillen stated the City offices are closed today, March 16th
and for the remainder of the week. At the end of the week, Staff will re-evaluate the operations
of the City for the following week, March 23 – 27, 2020. He reported River’s End Campground
will not take any further reservations until after April 1, 2020 and will continue to be diligent
regarding current guests as far as disinfecting bathrooms and public areas. Dr. Gillen explained
the Administrative Staff will be working remotely from home while the offices are closed. Closures
include Marine Science Center, Tybee Post Theater and the Lighthouse. These venues will be
closed for two weeks. Mayor Sessions stated the CDC issued a statement limited crowds to only
ten (10) people and asked that everyone be careful. Mr. Branigin recommended restaurant goers
order carry-out as a way to avoid possible contact with individuals who might have come in
contact with the virus. Ms. DeVetter would like Mayor and Council to reach out to our local
delegation moving forward for guidance. She would also like a plan in place if there was to be a
confirmed case in Tybee. Mayor Sessions confirmed.
Mayor Sessions also recommended the scheduling of a workshop on Wednesday, March 18, 2020
to further discuss possible procedures. The Clerk to move forward with the scheduling of the
workshop.
Being there was no further discussion, Barry Brown made a motion to adjourn. John Branigin
seconded. Vote was unanimous, 6-0.
Meeting adjourned at 5:00PM.
______________________________
Janet R. LeViner, CMC
Clerk
14
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 Workshop/Meeting, March 18, 2020
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City Council Minutes, March 18, 2020
Mayor Sessions called the City Council Workshop/Meeting to order at 4:15PM, March 18, 2020.
Those present were Monty Parks, John Branigin, Barry Brown and Spec Hosti. Also attending
were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; and Janet LeViner, Clerk of
Council. Nancy DeVetter and Jay Burke attended via teleconference.
Mayor Sessions stated the purpose of this workshop/meeting is to see what the City can do to
help our businesses and residents during this crisis. She stated it is her recommendation to allow
residents or business owners to speak at the meeting. Council confirmed.
Mr. Hughes approached Mayor and Council to address the Declaration of Local Emergency is
pursuant to the State Statute as well as the ordinance of the City. Once the Governor declared
a state-wide health necessity Declaration of Emergency, it triggers the application of the City’s
Emergency Operation Plan which then authorizes the Mayor to take certain actions. The
Declaration in the packet before Mayor and Council is basically in the event the City elects to do
anything beyond what the county and State have recommended. The Resolution will need to be
completed depending on the wishes of Mayor and Council.
Mr. Branigin stated he has spent numerous hours speaking with residents and business owners.
He would propose for discussion, all businesses, restaurants, bars, convenience stores, liquor
stores must cease the sale of alcohol and dine in food sales as of 10:00PM. The sale of to-go
orders or delivery orders are permissible after 10:00PM if ordered via telephone and not in person.
He continued, the intent is to have people be home. Mr. Parks stated he is recommending
people to start selling at 7:00AM the next morning, i.e., closing at 10:00PM and opening at
7:00AM. Mr. Hosti confirmed the hours of operation. His main concern is the health and safety
of the residents as well as the visitors. Mayor pro tem Brown stated the business owners are
responsible and should be able to set their hours. Most restaurants already close at 10:00PM.
Mr. Branigin stated he does not like the word curfew as it means everyone must be indoors at a
certain hour. He feels people should have the freedom to walk at night. Ms. DeVetter stated she
supports a curfew and the City should follow the CDC recommendations of no more than ten (10)
individuals in an establishment at all times. Mr. Burke stated he is in support of Mr. Branigin’s
proposal. Mr. Parks stated the Governor has indicated he is in support of local government’s
making their own determinations as the City needs to do what is right for Tybee. Mr. Hughes
stated the restrictions would be under the Resolution.
Resident Support: Dr. Gillen confirmed he has directed Staff to waive any utility late fees and
there will be no utility shut-offs. He made reference to an email that was sent earlier outlining
the status of Staff. Dr. Gillen stated the City’s non-emergency operations are shut down for the
remainder of the week. Police and fire are operating as normal and fire personnel are not allowing
walk-ups in the living quarters for health reasons. He continued, DPW is continuing to clean of
buildings and public restrooms as well as spraying all public facilities, playgrounds, park benches,
and older crossovers. On-call water/sewer personnel will be working for emergency situations as
well. River’s End Campground is not accepting any new reservations until April 1, 2020 and all
public activities are cancelled. Dr. Gillen stated the Finance Department is still operating, remotely
for the most part, but Ms. Freeman is at City Hall to process payroll and those things that cannot
be done remotely. Inspections are done by the County and as long as the County is working,
inspections will continue. He stated as far as City events, no applications are being taken for
facilities and all meetings have been cancelled for the week. Friday, March 20, 2020, upcoming
meetings will be re-evaluated at that point. Mr. Burke thanked Dr. Gillen for all he is doing for
the City and residents.
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Communication Plan: Mayor Sessions stated it is important for Mayor and Council to be
communicating consistently and in the best interest of the citizens to ensure they are getting the
best information, the City is going to be the vehicle to put forth the press releases, updates and
anything pertinent.
Business Support: Mayor Sessions stated the restaurants that are setting up a to-go food/take-
out will be allowed to have two parking spaces for patrons. Dr. Gillen stated the businesses will
have to provide their own cones and signage and if an issue arises where people not doing take-
out are parking in those two spaces, the police can get involved in enforcement.
Mayor Sessions stated she has spoken with our local delegation regarding a letter she has sent
to Governor Kemp requesting possible deferring sales tax on businesses for March and April 2020.
She asked Dr. Gillen is there a fee based service relief the City could offer. Dr. Gillen stated as
the Occupational Tax Certifications deadline is approaching, April 1, 2020, late fees can be waived
to include other licensing. The deadline could be extended another month and waive late fees
that would be associated with those licenses. The new deadline would be April 30th rather than
March 31st. Mr. Parks confirmed we are not waiving fees. Dr. Gillen confirmed and stated the
deadline is extended until April 30th the City is waiving late fees.
Future Meetings: Mayor Sessions stated there will be a City Council meeting next Thursday as
scheduled. It could be postponed if necessary. Mr. Hosti stated if there is not any business on
the agenda the meeting could be cancelled and probably wait until Monday, March 23, 2020 to
make a determination on the meeting.
Steve Kellem approached Mayor and Council. Mr. Kellem stated he agrees with the Council that
something needs to be done and he has cancelled entertainment at his establishments for the
upcoming weekend. He would recommend moving the closing time to 11:00PM rather than the
10:00PM earlier discussed.
Calvin Ratterree approached mayor and Council. Mr. Ratterree spoke in favor of the 11:00PM
closing times and questioned the number of people that would be allowed in the establishment.
Mr. Parks responded he is only recommending a closing time not how many people would be
allowed in the building.
Eric Thomas approached Mayor and Council. Mr. Thomas stated by having a curfew it will
encourage more people to visit restaurants and bars in a shorter amount of time.
Mr. Hosti and Burke stated they are favor of the 11:00PM closing for all businesses. Ms. DeVetter
stated she would like it earlier than 11:00PM. She asked Dr. Gillen if the playgrounds are still
open. He confirmed and they being disinfected on a daily basis. Mayor pro tem Brown confirmed
he is in favor of the 11:00PM closing as the owners are sensible regarding the circumstances.
Mr. Parks stated he supports an 11:00PM closing and opening at 7:00AM and allow pick-up for
to-go food until 2:45AM. Mr. Hughes stated Mr. Parks is basically making a motion to add to the
Resolution that one action Mayor and Council is taking is to require all businesses to cease
all operations at 11:00PM except for drive-in, ordered by phone, take-out services
which ends at 2:45AM. All operations can resume at 7:00AM with the exception of
alcohol. Mr. Parks confirmed. A representative from Chu’s Convenience Store approached Mayor
and Council. He asked the hours be extended as people purchase gas and other essentials at the
last minute at night. Mayor Sessions stated for the record, the idea of Mayor and Council is to
help people plan for their needs.
17
Jenny Orr approached Mayor and Council and thanked them for taking action during this time.
John Branigin seconded the motion. Vote was unanimous to approve, 6-0. Mr. Hughes stated
an end date has not been determined. Mr. Parks amended his motion to include an end date of
April 1, 2020 and with the recommendation from Mr. Branigin the effective date be Friday, March
20, 2020. Mr. Branigin accepted the amended motion. Vote was unanimous, 6-0 to accept the
amended motion. Mr. Hughes asked the deferral of business licenses, occupation taxes and any
other fees through April 30, 2020 and during that time no late charges or penalties will accrue
added to the Resolution. Monty Parks made a motion that the City defer late charges and
extend a grace period on licenses and other fees as determined by the City Manager through
April 30, 2020. John Branigin seconded. Vote was unanimous to approve, 6-0.
Mayor Sessions asked everyone to be mindful of their surroundings and be helpful to each
other. Mr. Parks publically thanked everyone for their support and patience during this time.
Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous to
adjourn, 6-0.
Meeting adjourned at 5:20PM.
______________________________
Janet R. LeViner, CMC
Clerk
18
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. Minutes, Emergency City Council Meeting, March 30, 2019
19
City Council Minutes, Special Meeting, April 2, 2020 2020
Mayor Sessions called the Special Meeting to order at 3:30PM. Those attending by
telephone were Jay Burke, Monty Parks, John Branigin, Barry Brown, Nancy DeVetter
and Spec Hosti. Also attending via telephone were Shawn Gillen, City Manager; Bubba
Hughes, City Attorney; and Jan LeViner, City Clerk.
COVID-19 Proposed Ordinance
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:
6. Special City Council Meeting, April 2, 2029
21
Special City Council Minutes, April 2, 2020
Mayor Sessions called the Special City Council Meeting to order at 3:30PM. Those
attending via telephonic conferencing 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; and Janet LeViner, Clerk of Council.
COVID-19 Proposed Ordinance
Mayor Sessions thanked everyone for participating in the meeting. Mayor Sessions stated
she spoke with Dennis Jones, CEMA, to get an update from Chatham County. Mr. Jones
reminded Mayor Sessions that Governor Kemp is due to speak today to outline his
Declaration and what he would like to do going forward. Governor Kemp did announce
yesterday that he wanted everyone to shelter in place. Mayor Sessions stated as the
Governor is due to speak later in the afternoon, would Council like to continue with the
meeting or reschedule until after the Governor speaks. It was the will of the Council to
continue. Mr. Branigin stated what Mayor and Council have proposed he feels is more
restrictive than what the Governor may impose. Mr. Hughes stated he has sent Mayor
and Council two versions, one of which addresses construction permits and the other
omits it in its entirety. If omitted, construction would continue as would permitt ed. He
also stated, from communications with Mayor and Council, there is a consensus regarding
Short Term Vacation Rentals (STVR’s) and no new reservations being accepted for any
time between whatever time our ordinance goes into effect and April 30, 2020. The
STVR’s could accept reservations for May and June going forward. Anyone who is in place
under a reservation could remain. Mr. Hughes continued, the issue is if someone wants
to remain in place how would that be addressed. Mr. Hosti confirmed there are no new
check-ins accepted. Mr. Hughes confirmed, when the proposed ordinance is executed.
Mayor pro tem Brown expressed his concerns with family or friends visiting the current
residents as well as STVR’s. Mr. Hughes stated there is not a way to stop them from
coming to the Island and the only thing that can be done is to encourage social distancing
and discourage gathering of more than ten (10) people. Mayor Sessions stated we can
implement the no check-in policy and if the need exists to extend to April 30, 2020 if
necessary. Another option is to make it clear to those STVR’s who are renting their homes
and if not registered with the City, are subject to the same rules as those who have
registered their STVR’s. Ms. DeVetter asked about those who are in place with a STVR’s,
hotel/motels and River’s End Campground wanting to extend their reservations. Ms.
Sessions responded it is her understanding Mayor and Council agreed if someone has
been in place for more than two weeks, they would be allowed to extend their reservation.
Mr. Hosti stated it was his understanding Mr. Hughes was to look into the legality of
“evicting” those who were already in place. Mr. Hughes confirmed and stated those
people have the right to occupy premises had expired could be required to leave and those
who have yet to check-in could be turned away. In other words, there cannot be any new
check-ins regardless of when the reservation was made. Mr. Branigin feels making people
leave that have been in place for two weeks puts them at risk. He stated the right thing to
do is to let them stay and have the management provide them with rules as set forth by
Mayor and Council. Mayor Sessions confirmed. Mr. Parks stated he does not feel
whatever the Governor may put in place will be as restrictive as what the City has in place.
He agrees with no further check-in’s, no new reservations, and would like a decision
regarding continued permitting and construction.
22
Mayor Session then addressed STVR’s. She stated Mayor and Council are in agreement
there will be no new check-ins from the date the ordinance is adopted through May 2,
2020. Mr. Hughes stated Mayor and Council could meet again next week and extend the
ordinance further (only for thirty days at a time). Ms. DeVetter confirmed. Mr. Parks
recommended the language should be “no new check -ins as of midnight on Saturday,
April 4, 2020”. Ms. DeVetter would like the language, “no new check -ins as of noon,
Friday, April 3, 2020”. Mayor Sessions polled Council as to their preference for check -
ins. It was the consensus there would be no new check-ins after noon on Friday, April 3,
2020. Spec Hosti made a motion to have no new check-ins after noon on Friday, April
3, 2020 and no new reservations for the month of April. Monty Parks seconded. Voting
in favor were Monty Parks, John Branigin, Nancy DeVetter and Spec Hosti. V oting
against were Jay Burke and Barry Brown. Motion to approve, 4-2. Discussion: Mr.
Hughes clarified this includes any type of lodging.
Mr. Hughes stated the other item is construction. Barry Brown recused himself
from the discussion. Mr. Hughes explained there are two versions in the packet before
them. One includes Sec 9.1 which states no further building permits would be issue for
new structures. Existing permitted activity may continue and necessary new permits for
maintenance for existing structures may be allowed. The other version which does not
include Sec 9.1 and does not address construction. This would indicate the normal rules
apply, anyone wanting a permit can apply. He reminded everyone this ordinance is only
good for thirty days. Monty Parks made a motion to remove Sec 9.1 from the proposed
ordinance. John Branigin seconded. Voting in favor were Jay Burke, Monty Parks,
John Branigin and Spec Hosti. Voting against was Nancy DeVetter as she believe
construction should be on a case by case basis as all construction is not necessary. Vote
to approve, 4-1. Mayor pro tem Brown returned to the conversation. Discussion:
Spec Hosti asked if signage could be posted at construction sites asking workers to limit
their activities to the construction site. Dr. Gillen will move forward with the
recommendation. Mayor Sessions encourage everyone to support our local businesses as
they are struggling. She asked residents also reach out to volunteer to assist them if filing
for relief with the SBA. Mayor Session stated the Rising TYde food pantry has food for
those who are in need.
Nancy DeVetter stated she would like to clarify issues with STVR’s regarding extensions
and refunds. Mayor Sessions clarified it will be the responsibility of the STVR’s to reach
out to their guests to make them aware of Mayor and Council decisions. Dr. Gillen stated
the City has a database of all STVR’s and will be reaching out to them as well as through
social media and the reverse 911 system. Ms. DeVetter asked if the same courtesy would
be extended to the restaurants. Mr. Hughes confirmed and rules would be: take-out or
delivery only and no gathering on the premises or the surrounding areas. The provision
was included regarding allowing sealed beer and wine containers only to be part of the
take-out or delivery purchase. Does not include liquor. The establishment would also be
required to have the proper license as well. Ms. DeVetter stated people can come to the
establishment, wait on premises for their take-out as long as they are six feet apart. Mr.
Hughes confirmed. Mr. Hosti recommended restaurants offer curb-side pickup to avoid
too many customers in the establishment which does not allow them to adhere to the
social distancing. Mr. Hughes stated it could not be mandated but could be a request.
23
Mr. Hughes referenced concerns from Ms. DeVetter relating to STVR’s and recommended
she put those concerns in a form of a motion.
Nancy DeVetter made a motion that guests or customers of a rental be a hotel/motel,
STVR or other lodging accommodations that have not been in the locations for thirty or
more days be required to vacate. Motion failed for a lack of a second.
Nancy DeVetter made a motion that current lodgers not be allowed to extend their stay,
i.e., after their current reservation ends they must leave. Motion failed for lack of a
second.
Nancy DeVetter made a motion the current agencies providing rentals be required to
offer full refunds to guests for the month of April if they do not rebook within a year.
Motion failed for lack of a second.
Mr. Parks asked everyone to show respect to all visitors as these are trying times. Mayor
Sessions also asked everyone to be kind and show compassion. She asked that if anyone
sees any form of harassment to please contact the TIPD.
Mayor pro tem Brown expressed his concerns with City Staff not practicing social
distancing due to their jobs. Dr. Gillen responded, Staff are to maintain social distancing
and only two per vehicle. He continued that staff has been instructed not to congregate
in groups bigger than ten. If staff is uncomfortable with their tasks, they are assigned sole
jobs doing maintenance, painting, etc. If they are still uncomfortable, staff may use their
vacation time.
Nancy DeVetter asked Dr. Gillen if he could comment on City Staff that are
quarantined. Dr. Gillen responded there is one TIPD Officer that has been tested as he is
systematic. Those individuals, five, that came in contact with the officer have self -
quarantined. Mayor pro tem Brown confirmed with Dr. Gillen those who are quarantined
are being paid. Dr. Gillen confirmed they have been given administrative leave and if they
are ill, they must use their sick leave.
Nancy DeVetter asked when the proposed ordinance will go into effect. Mr. Hughes
responded it will be signed immediately upon the end of the meeting. The Clerk will
substitute the revised version of Sec 16 that stipulates no new check-ins after noon
effective tomorrow, Friday, April 3, 2020. Mayor Sessions asked the Clerk to ensure the
executed ordinance be posted to the website as soon as it is signed. Mr. Branigin stated
this would not apply to first responders. Mr. Hughes confirmed.
John Branigin made a motion to adjourn. Monty Parks seconded. Vote was
unanimous to adjourn, 6-0.
Meeting adjourned at 5:35PM.
______________________________
Janet R. LeViner, CMC
Clerk
24
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
7. Second Reading, 2020-03, Establish Civil Offenses
25
ORDINANCE NO. 2020-03
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
SO AS TO PROVIDE FOR ADMINISTRATIVE ENFORCEMENT OF SPECIFIED CITY
ORDINANCES THAT WILL BE SUBJECT TO CIVIL PENALTIES AS OPPOSED TO
CRIMINAL OFFENSES AND TO PROVIDE FOR A METHOD OF ENFORCEMENT AND
IF NECESSARY JUDICIAL REVIEW AND DETERMINATION FOLLOWING AN
ADMINISTRATIVE PROCEDURAL HEARING
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 would benefit from a system of imposing civil fines or penalties as
opposed to criminal fines or penalties for violations of certain ordinances so as to lessen the burden
upon citizens, visitors and city staff and reduce administrative task and burdens on the Court and
to improve public safety, and
WHEREAS, in order to accomplish these goals and benefits, the City deems it to be in the
best interest of the City, pursuant to its police powers, to adopt a method of penalizing violators of
certain ordinances by way of a civil fine and in the absence of a contested citation or requested
judicial determination the procedure described herein be implemented, now therefore, be it
resolved and it is hereby ordained by the governing authority of the City of Tybee Island that the
26
following provisions shall be adopted and codified as Chapter ______, Article ________, Sections
________ through _______, which will provide as follow:
SECTION 1
It is hereby established the administrative imposition and enforcement of ordinances
identified herein so as to subject them to fines in amounts on file with the department heads and
Clerk of Council of the City and to provide for hearing thereon to be conducted as civil
administrative hearings and without court involvement and to provide a right of appeal from the
department head to the City Manager and thereafter to the Municipal Court of the City when
requested as follows:
(a) The ordinances to which the administrative procedures apply include Municipal Beach
rules and regulations concerning the following: Penalties
placement of litter Section 12-1(a)(2); $______
glass or breakable containers under Section 12-1(a)(3); $______
pets Section 12-1(a)(4); $______
Disturbing Dune Vegetation Section 12-1(a)(8); $______
Smoking/Vaping in prohibited area 12-1(a)(21); $______
(b) Other ordinances subject to civil penalties:
Restrictions on dogs running at large, Section 10-2. $______
Section 42-3 Prohibited beverage containers in public areas $______
Section 42-64 penalty for littering $______
27
These penalties where applicable are in lieu of fines or sentences that might be imposed
pursuant to Section 1-8, general penalty, and under Section 10-31, penalties for violations of the
ordinances of the City
Citations for violations shall be issued by an authorized City designee as determined by the
City Manager and such individual need not be a post certified law enforcement officer. The
citation, in a form similar to a parking citation, shall be delivered to the alleged violator with the
amount of fine stated thereon. The suspected violator shall provide evidence of his or her name,
address and date of birth to the designee, and upon the failure to do so, the city designee is entitled
to contact a law enforcement officer for further investigation and/or citation as appropriate. Upon
a refusal to identify oneself to the designee and/or a law enforcement officer, the officer may cite
the individual with any applicable ordinance violation and may continue an i nvestigation into the
perpetrator’s identity to ensure appropriate action is taken and that payment of the appropriate fine
is made.
The citation shall provide for the civil penalty to be paid within ten (10) days. The citation
shall include a notice of violation of the particular ordinance or rule to which the citation applies
and the basis for the violation and direct the recipient that within ten (10) days of the time when
such citation was served to pay the fine as specified on the citation in return for which that person
shall receive a receipt, the form of which is designated by the list on file with the departments of
the city and the clerk of the city, and the receipt as approved by the departments of the city.
DELINQUENCY OF PAYMENT
The failure of the individual receiving a citation to make full payment within ten (10) days
shall result in the issuance of a civil penalty delinquency notice which shall demand payment plus
28
a Twenty ($20) Dollar payment by a specified payment due date. The failure of the individual to
make said payment will result in issuance of an administrative hearing notice which shall demand:
1. Full payment of the civil penalty, the twenty ($20) dollar delinquency penalty, plus ten ($10)
dollars for each issued citation; or
2. The individual’s appearance on a given date at a specified time and location for an
administrative hearing before the department head.
SUBPOENA ISSUANCE AND COURT PROCEEDING
The failure of the individual to make full payment for all issued citations, or to have
amounts due set aside at the administrative hearing will result in the individual being issued a
subpoena to appear in court and possibly be subject to additional court fines and cost.
At anytime during a citation process, includin g any hearings related to a citation, the
individual who is the subject of the citation may appeal the citation or penalty to the Municipal
Court of the City by a written notice directed to the city designee and city manager as well as the
clerk of the city municipal court for a hearing will be conducted before the judge who may then
render such penalty as is appropriate in the discretion of the court, in the event of a conviction or
discharge the individual or otherwise dispose of the matter as the judge deems appropriate.
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.
29
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:
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:
8. Budget Amendment request to transfer from Fund 540 to Fund 100 for Recycling and
DPW Supplies and Materials
31
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
Solid Waste Recycling - Homestead 540-4520-52-2118 55,000.00 55,000.00 40,000.00 15,000.00
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:40,000.00$ xx
Department Account Description Account Number Current Budget (Expenditures)Budget Balance ```INCREASE Budget Balance
Recycling Supplies & Materials 100-4520-53-1100 4,000.00 12,896.75 (8,896.75)15,000.00 6,103.25
DPW Supplies & Materials 100-4210-53-1100 5,000.00 4,952.99 47.01 25,000.00 25,047.01
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 40,000.00$
Net Change 40,000.00$ 40,000.00$
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
DPW/Solid Waste
4/1/2020
Department
Submitted By:
Transfer funds from Fund 540 Recycling expenditures to Fund
100 to cover dump recycling materials. Recycling Homestead
Budget of 55,000 was not used this year. Also, creating new
line item for Lease of Equipment
Budget Adjustment
Requested
LINE ITEM DECREASES
BA Ref No.
LINE ITEM INCREASES
Signature of Finance Employee who Processed the Request:
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:
9. Host Compliance Services Agreement, Short Term Rental Compliance Software
33
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
HCSA - 5-5-2016 - W; last revised 02.03.2020
www.hostcompliance.com 1 1037 NE 65th Street #81158
Tel: (754) 888-HOST (4678) Seattle, WA 98115
Host Compliance Services Agreement
THIS SERVICES AGREEMENT (the "Agreement") is entered into as of the December 15, 2019 (the "Effective Date"),
between Host Compliance LLC, ("Host Compliance") and City of Tybee Island, GA, with an address at 403 Butler
Avenue Tybee Island, GA 31328 (the "Customer"). This Agreement sets forth the terms and conditions under which
Host Compliance agrees to license to Customer certain hosted software an d provide all other services necessary for
Customer's productive use of such software (the "Services") as further described in the attached Schedule 1.
1.0 Services.
1.1 Subscriptions. Subject to and conditioned on Customer's payments pursuant to Section 4.0 of th is
Agreement, Host Compliance hereby grants Customer a non-exclusive, non-transferable right to access
and use the Services during the term of this Agreement, in accordance with the terms and conditions of
this Agreement. Unless otherwise provided in the attached Schedule 1, (a) Services are purchased as
subscriptions, (b) additional service subscriptions may be added during a subscription term, with the
pricing for such additional services, prorated for the portion of that subscription term remaining at t he
time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as
the underlying subscription.
1.2 Provision of Services. Customer and Customer's end-users ("End Users") may access and use the
Services and any other Services that may be ordered by the Customer from time to time pursuant to a
valid subscription in accordance with the terms of this Agreement.
1.3 Facilities and Data Processing. Host Compliance will use, at a minimum, industry standard technical
and organizational security measures to store data provided by Customer, or obtained by Customer
through the use of the Services ("Customer Data"). These measures are designed to protect the
integrity of Customer Data and guard against unauthorized or unlawful access.
1.4 Modifications to the Services. Host Compliance may update the Services from time to time. If Host
Compliance updates the Services in a manner that materially improves functionality, Host Compliance
will inform the Customer.
2.0 Customer Obligations.
2.1 Customer Administration of the Services. Host Compliance' responsibilities do not extend to internal
management or administration of the Services. Customer is responsible for: (i) maintaining the
confidentiality of Customer passwords and accounts; (ii) managing Customer access to Host Compliance
system administrator accounts; and (iii) ensuring that such administrators' use of the Services complies
with this Agreement.
2.2 Compliance. Customer is responsible for use of the Services, including use of the Services by End Users
and will comply with laws, regulations, and such provisions of this Agreement that are applicable to
Customer's use of the Services.
34
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
HCSA - 5-5-2016 - W; last revised 02.03.2020
www.hostcompliance.com 2 1037 NE 65th Street #81158
Tel: (754) 888-HOST (4678) Seattle, WA 98115
2.3 Unauthorized Use & Access. Customer will prevent unauthorized use of the Services and terminate any
unauthorized use of or access to the Services. Customer will promptly notify Host Compliance of any
unauthorized use of or access to the Services.
2.4 Restricted Uses. Customer will not and will ensure that its End Users do not: (i) sell, resell, or lease the
Services; (ii) reverse engineer or attempt to reverse engineer the Services, nor assist anyone else to do
so; or (iii) use the Services in any way that infringes, misappropriates or otherwise violates any
intellectual property right or other right of any person, or that violates any applicable law.
2.5 Third Party Requests.
2.5.1 "Third Party Request" means a request from a third party for records relating to Customer's
or an End User's use of the Services including information regarding an End User. Third
Party Requests may include valid search warrants, court orders, or subpoenas, or any other
request for which there is written consent from End Users permitting a disclosure.
2.5.2 Customer is responsible for responding to Third Party Requests via its own access to
information policies. Customer will seek to obtain information required to respond to Third
Party Requests and will contact Host Compliance only if it cannot obtain such information
despite diligent efforts.
2.5.3 If Host Compliance receives a Third Party Request, Host Compliance will make reasonable
efforts, to the extent allowed by law and by the terms of the Third Party Request, to: (A)
promptly notify Customer of Host Compliance's receip t of a Third Party Request; (B) comply
with Customer's reasonable requests regarding efforts to oppose a Third Party Request; and
(C) provide Customer with information or tools required for Customer to respond to the
Third Party Request (if Customer is otherwise unable to obtain the information). If
Customer fails to promptly respond to any Third Party Request, then Host Compliance may,
but will not be obligated to do so.
2.5.4 If Customer receives a Third Party Request for access to the Services, or description s,
drawings, images or videos of the Services' user interface, Customer will make reasonable
efforts, to the extent allowed by law and by the terms of the Third Party Request, to: (A)
promptly notify Host Compliance of Customer's receipt of such Third Party Request; (B)
comply with Host Compliance's reasonable requests regarding efforts to oppose a Third
Party Request; and (C) provide Host Compliance with information required for Host
Compliance to respond to the Third Party Request. If Host Compliance fails to promptly
respond to any Third Party Request, then Customer may, but will not be obligated to do so.
3.0 Intellectual Property Rights; Confidentiality
3.1 Reservation of Rights. Except as expressly set forth herein, this Agreement does not grant (i) Host
Compliance any intellectual Property Rights (as defined below) in the Customer Data or (ii) Customer any
Intellectual Property Rights in the Services, any other products or offerings of Host Compliance, Host Compliance
trademarks and brand features, or any improvements, modifications or derivative works of any of the foregoing.
Notwithstanding the foregoing, while Customer Data and Services may include some Publicly Available Data (as
35
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
HCSA - 5-5-2016 - W; last revised 02.03.2020
www.hostcompliance.com 3 1037 NE 65th Street #81158
Tel: (754) 888-HOST (4678) Seattle, WA 98115
defined as below), neither Customer nor Host Compliance make any proprietary claim to Publicly Available Data.
"Intellectual Property Rights" means current and future worldwide rights under patents, copyright, trade secret,
trademark, moral rights and other similar rights. "Publicly Available Data" means data, material, and information
collected from publicly available sources in the performance of this Agreement, but specifically excluding Services.
3.2 Suggestions. Host Compliance may, at its discretion and for any purpose, use, modify, and incorporate
into its products and services, and license and sub -license, any feedback, comments, or suggestions
Customer or End Users send Host Compliance or post in Host Compliance' online forums without any
obligation to Customer.
3.3 Confidential Information. Customer understands and agrees that it will not reveal, publish or
otherwise disclose to any person, firm or corporation, without written authorization of Host
Compliance, or except as required by law, any Confidential Information of Host Compliance, includ ing
without limitation any trade secrets, confidential knowledge, data or other proprietary information
relating to the Services. "Confidential Information" means all information, written or oral, relating to
the business, operations, services, facilities, processes, methodology, technologies, intellectual
property, research and development, customers, strategy or other confidential or proprietary materials
of Host Compliance.
3.4 Consent to use Customer Data and Marks. Customer hereby irrevocably grants all such rights and
permissions in or relating to Customer Data to Host Compliance: (i) to perform the Services; (ii) to
enforce this Agreement and exercise Host Compliance rights hereunder; and (iii) to use for any lawful
purpose. Customer hereby grants to Host Compliance a license to use, reproduce and display
Customer's name and logos in connection with: (i) Host Compliance performance of its obligations
hereunder; (ii) include Customer's name and logos in its lists of Host Compliance current or former
customers, and (ii) with Customer's prior consent, for promotional and marketing purposes such as
developing promotional press releases, case studies, and reports.
3.5 Validated Data. In the course of providing the Services, Host Compliance performs significant w ork
validating and confirming various data sets including, without limitation, postal addresses, property
owner information, and listing de-duplication ("Validated Data"). Validated Data may include data
otherwise classified as Customer Data, Services, or Publicly Available Data. Notwithstanding any
provision to the contrary in this Agreement, Customer is prohibited from disclosing Validated Data to a
competitor of Host Compliance during the term of this Agreement.
4.0 Fees & Payment.
4.1 Fees.
4.1.1 Customer will pay Host Compliance for all applicable fees upfront annually , as set forth in
Schedule A.
4.1.2 Customer will pay any amounts related to the Services as per payment terms detailed on
the applicable invoice. Customer will not withhold payment on any invoices for any reason,
including a Customer's decision to delay implementation of the Services. Unless otherwise
indicated, all dollar amounts referred to in the Agreement are in U.S. funds.
36
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
HCSA - 5-5-2016 - W; last revised 02.03.2020
www.hostcompliance.com 4 1037 NE 65th Street #81158
Tel: (754) 888-HOST (4678) Seattle, WA 98115
4.2 Taxes. Customer is responsible for all taxes. Host Compliance will charge tax when required to do so.
If Customer is required by law to withhold any taxes, Customer must provide Host Compliance with an
official tax receipt or other appropriate documentation.
4.3 Purchase Orders. If Customer requires the use of a purchase order or purchase order number,
Customer (i) must provide the purchase number at the time of purchase and (ii) agrees that any terms
and conditions on a Customer purchase order will not apply to t his Agreement or the Services provided
hereunder and are null and void.
5.0 Term & Termination.
5.1 Term. The initial term of this Agreement shall be one year commencing on the Effective Date, which
shall automatically renew for a further period of one year upon each expiry of the then current term,
unless either party provides written notice to the other party of it s intention not to renew at least 45
days prior to the end of the then current term. That said, the time period until the earlier of (a) the 6-
month anniversary of the Effective Date, or (b) the start date of Customer's systematic or mass
outreach activities utilizing the data obtained through the Services (traditional mail, electronic mail,
and/or telephone campaigns), or (c) termination by Host Compliance in our sole discretion, shall be
considered a trial period ("Trial Period").
5.2 Termination for Convenience. If, for any reason during the Trial Period, Customer is dissatisfied with
the Services, Customer may terminate the Subscription and all funds paid under this Agreement will be
refunded and future commitments waived.
5.3 Effects of Termination for Convenience. If this Agreement is terminated by Customer in accordance
with Section 5.2 (Termination for Convenience): (i) the rights granted by Host Compliance to Customer
will cease immediately and Customer will no longer have the right to utilize the data obtained through
the use of the Services for outreach (including traditional mail, electronic mail, and/or telephone); and
(ii) after a reasonable period of time, Host Compliance may delete any Customer Data relating to
Customer's account. To the extent permitted by law, the following sections will survive expiration or
termination of this Agreement: 2.5 (Third Party Requests), 3.0 (Intellectual Property Rights;
Confidentiality), 4.0 (Fees & Payments), 5.2 (Termination for Convenience), 5.3 (Effects of Termination
for Convenience), 6.0 (Indemnification), 7.0 (Exclusion of Warranties; Limitation of Liability), and 8.0
(Miscellaneous).
5.4 Termination for Breach: Following the Trial Period, a party may terminate this Agreement for cause
upon 45 days written notice to the other party of a material breach if such breach remains uncured at
the expiration of such period. In addition, Host Compliance may terminate this Agreement, effective on
written notice to Customer, if Customer fails to pay any amount when due hereunder, and such failure
continues more than 10 days after Host Compliance's delivery of written notice hereof.
5.5 Refund or Payment upon Termination for Breach. If this Agreement is terminated by Customer in
accordance with Section 5.4 (Termination for Breach), Host Compliance will refund Customer any
prepaid fees covering the remainder of the term of all Subscriptions after the effective date of
termination. If this Agreement is terminated by Host Compliance in accordance with Section 5.4
37
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
HCSA - 5-5-2016 - W; last revised 02.03.2020
www.hostcompliance.com 5 1037 NE 65th Street #81158
Tel: (754) 888-HOST (4678) Seattle, WA 98115
(Termination for Breach), Customer will pay any unpaid fees covering the remainder of the term of the
Agreement. In no event will Customer's termination after the first 6 months relieve Customer of its
obligation to pay any fees payable to Host Compliance for the period prior to the effective date of
termination.
5.6 Effects of Termination for Breach. If this Agreement is terminated in accordance with Section 5.4
(Termination for Breach): (i) the rights granted by Host Compliance to Customer will cease immediately
(except as set forth in this section); (ii) Host Compliance may provide Customer access to its account at
then-current fees so the Customer may export its Customer Data; and (iii) after a reasonable period of
time, Host Compliance may delete any Customer Data relating to Customer's account. The following
sections will survive expiration or termination of this Agreement: 2.5 (Third Party Requests), 3.0
(Intellectual Property Rights; Confidentiality), 4.0 (Fees & Payments), 5.5 (Refund or Payment upon
Termination for Breach), 5.6 (Effects of Termination for Breach), 6.0 (Indemnification), 7.0 (Exclusion of
Warranties; Limitation of Liability), and 8.0 (Miscellaneous).
6.0 Indemnification.
6.1 By Host Compliance. Host Compliance will indemnify, defend and hold harmless Customer from and
against all liabilities, damages, and costs (including settlement costs and reasonable attorney's fees)
arising out of any claim by a third party against Customer to the extent based on an allegations that
Host Compliance' technology used to provide the Services to the Customer infringes or misap propriates
any copyright, trade secret, patent or trademark right of the third party. In no event will Host
Compliance have any obligations or liability under this section arising from: (i) use of any Services in a
modified form or in combination with materials not furnished by Host Compliance and (ii) any content,
information, or data provided by Customers, End Users, or other third parties.
6.2 Possible Infringement. If Host Compliance believes the Services infringe or may be alleged to infringe a
third party's Intellectual Property Rights, then Host Compliance may (i) obtain the right for Customer, at
Host Compliance' expense, to continue using the Services; (ii) provide a non -infringing functionally
equivalent replacement for the Services; or (iii) modify the Services so that they no longer infringe. If
Host Compliance does not believe the options described in this section are reasonable then Host
Compliance may suspend or terminate this Agreement and/or Customer's use of the affected Services
with no further liability or obligation to the Customer other than the obligation to provide the Customer
with a pro-rata refund of pre-paid fees for the affected portion of the Services.
6.3 General. The party seeking indemnification will promptly notify the other pa rty of the claim and
cooperate with the other party in defending the claim. The indemnifying party will have full control and
authority over the defense, except that: (i) any settlement requiring the party seeking indemnification
to admit liability requires prior written consent, not to be unreasonably withheld or delayed and (ii) the
other party may join in the defense with its own counsel at its own expense. The indemnities above are
Host Compliance' and Customer's only remedy under this Agreement for v iolation by the other party of
a third party's Intellectual Property Rights.
38
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
HCSA - 5-5-2016 - W; last revised 02.03.2020
www.hostcompliance.com 6 1037 NE 65th Street #81158
Tel: (754) 888-HOST (4678) Seattle, WA 98115
7.0 EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY.
7.1 EXCLUSION OF WARRANTIES. EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, HOST
COMPLIANCE MAKES NO OTHER REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED,
AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE
OF TRADE WITH RESPECT TO THE SERVICES. HOST COMPLIANCE DOES NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND TO CLIENT WITH RESPECT TO ANY THIRD PARTY
SOFTWARE FORMING PART OF THE SERVICES
7.2 LIMITATION ON INDIRECT LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR HOST
COMPLIANCE AND CUSTOMER'S INDEMNIFICATION OBLIGATIONS HEREUNDER, NEITHER CUSTOMER
NOR HOST COMPLIANCE AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL BE LIABLE UNDER
THIS AGREEMENT FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS (IN EACH CASE WHETHER
DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES
WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7.3 LIMITATION ON AMOUNT OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, HOST
COMPLIANCE' AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID
BY CUSTOMER TO HOST COMPLIANCE HEREUNDER DURING THE SIX MONTHS PRIOR TO THE EVENT
GIVING RISE TO LIABILITY.
8.0 Miscellaneous.
8.1 Terms Modification. Host Compliance may wish to revise this Agreement from time to time. If a
revision, in Host Compliance' sole discretion, is material, Host Comp liance will notify Customer and
possibly request that an Amendment to this Agreement be agreed upon and signed. If Customer does
not agree to the revised Agreement terms, Customer may terminate the Services within 30 days of
receiving notice of the change.
8.2 Entire Agreement. The Agreement including the invoice and order form provided by Host Compliance,
constitutes the entire agreement between Customer and Host Compliance with respect to the subject
matter of this Agreement and supersedes and replaces any prior or contemporaneous understandings
and agreements, whether written or oral, with respect to the subject matter of this Agreement. If
there is a conflict between the documents that make up this Agreement, the documents will control in
the following order: this Agreement, then the invoice, then the order form.
8.3 Governing Law. This Agreement will in all respects be governed exclusively by and construed in
accordance with the laws of the State of Georgia.
8.4 Severability. Unenforceable provisions will be modified to reflect the parties' intention and only to the
extent necessary to make them enforceable, and the remaining provisions of the Agreement will
remain in full effect.
39
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
HCSA - 5-5-2016 - W; last revised 02.03.2020
www.hostcompliance.com 7 1037 NE 65th Street #81158
Tel: (754) 888-HOST (4678) Seattle, WA 98115
8.5 Waiver or Delay. Any express waiver or failure to exercise promptly any right under the Agreement will
not create a continuing waiver or any expectation of non -enforcement.
8.6 Force Majeure. Except for payment obligations, neither Host Compliance nor Customer will be liable
for inadequate performance to the extent caused by a condition that was beyond the party's
reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition,
governmental action and Internet disturbance).
8.7 Procurement Piggybacking. Host Compliance agrees to reasonably participate in any "piggybacking"
programs pertinent to local government, and Customer agrees to reasonably allow any local
government to "piggyback" off of Customer's efforts leading to this Agreement.
8.8 Independent Contractor. It is specifically understood and agreed that in the making and performance
of this Agreement, Host Compliance is an independent contractor and is not and shall not be construed
to be an employee of Customer.
IN WITNESS WHEREOF Host Compliance and the Customer have executed this Agreement as of the Effective Date.
City of Tybee Island, GA by its authorized signatory:
Name:
Title:
Date:
Billing Contact:
Billing Email:
Billing Direct Phone:
Host Compliance LLC by its authorized signatory:
Name: Ulrik Binzer
Title: Chief Executive Officer
Date:
Account Executive:
Account Executive Email:
Account Executive Phone:
Formatted: Space After: 8 pt
40
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
HCSA - 5-5-2016 - W; last revised 02.03.2020
www.hostcompliance.com 8 1037 NE 65th Street #81158
Tel: (754) 888-HOST (4678) Seattle, WA 98115
Schedule 1
Scope of Services:
Mobile Enabled Web Based Registration and Tax Assessment Collection Forms
The development and hosting of an electronic web-based short-term rental registration and assessment collection
forms1. The capabilities of the forms include:
24/7 availability
Mobile adaptive design
The ability to validate inputs whenever possible as to minimize data-entry errors
Electronic signature capabilities
Electronic credit and debit card payment capabilities through our payment processing partner Stripe, Inc.
Ability to collect supporting documents (if required)
SSL encryption
Data available through app.hostcompliance.com
Data downloadable into csv format via app.hostcompliance.com
Address Identification
Monthly email-delivered report and live web-delivered dashboard with complete address information and
screenshots of all identifiable STRs in City of Tybee Island, GA's jurisdiction:
Up-to-date list of jurisdiction's active STR listings
High resolution screenshots of all active listings (captured weekly)
Full address and contact information for all identifiable STRs in juris diction
All available listing and contact information for non-identifiable STRs in jurisdiction
Compliance Monitoring
Ongoing monitoring of the short-term rentals operating in City of Tybee Island, GA's jurisdiction for zoning and permit
compliance coupled with systematic outreach to non-compliant short-term rental property owners (using City of Tybee
Island, GA's form letters)
● Ongoing monitoring of STRs for zoning and permit compliance
1 When a payment is collected, the variable customary card and ACH processing fees charged by Stripe, Inc. are passed onto paying
constituents as a convenience fee in our standard configuration, nor does the system process payments of < $0.50. Please note that
when ACH transactions fail, the constituent will be charged a $4 fee, and when refunding a payment, the associated fees are not
returned.
41
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
HCSA - 5-5-2016 - W; last revised 02.03.2020
www.hostcompliance.com 9 1037 NE 65th Street #81158
Tel: (754) 888-HOST (4678) Seattle, WA 98115
● Pro-active and systematic outreach to unpermitted and/or illegal short-term rental operators (using
jurisdiction's form letters)
● Monthly staff report on jurisdiction's zoning and permit compliance:
● Up-to-date list of STRs operating illegally or without the proper permits
● Full case history for non-compliant listings
Rental Activity Monitoring and Tax Audit Support
Ongoing monitoring of jurisdiction's short-term rental properties for signs of rental activity:
Automatic monitoring of review activity across 50+ STR websites
Weekly screenshots of reviews and calendars for each active listing
Quarterly staff report on jurisdiction's STR tax compliance
Up-to-date list of short-term rental landlords suspected of under-reporting taxes
Documentation of information that serves as the foundation for the suspicion of tax under-reporting
Custom reports and analysis to support tax audits and other STR related investigations
Quarterly pro-active, systematic and data-informed outreach (physical letters) to short-term rental
operators regarding their tax remittance obligations (using jurisdiction's form letters)
o Up to 4 letters each property per year (full color)
o Letters are 2 pages each (2nd page is dedicated to full length screenshot of listing) to improve results
for effective compliance
Functionality to streamline audits of most egregious violators
Online submission of platform activity reports
24/7 Short-term Rental Hotline
24/7 staffed telephone and email hotline for neighbors to report non -emergency problems related to STR
properties:
● Incidents can be reported by phone or email
● Full documentation of all reported incidents
● Digital recordings and written transcripts of all calls
● Ability for neighbors to include photos, video footage and sound recordings to document complaints
● Real-time outreach to owners of problem properties (whenever owner's contact info is known)
● Weekly staff reports containing:
○ The # and types of reported incidents
○ List of properties for which incidents have been reported
● Custom reports and analysis of hotline related activities
42
HOST COMPLIANCE, LLC
Short-term Rental Compliance Monitoring and Associated Services
HCSA - 5-5-2016 - W; last revised 02.03.2020
www.hostcompliance.com 10 1037 NE 65th Street #81158
Tel: (754) 888-HOST (4678) Seattle, WA 98115
Total Annual Subscription Service Price 111,355
Note: Above pricing assumes 2258 short-term rental listings in City of Tybee Island, GA's jurisdiction.
43
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
10. Gary and Kathy Dennis, Memorandum of Understanding, Adoption of the Tybee Anchor,
Hwy 80 and Butler Avenue
44
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this ____ day of ________,
2020, by and between the City of Tybee Island (hereinafter “City”) and Kathy and Gary Dennis
(hereinafter “Grantees”).
WHEREAS, Grantees wish to "adopt" the anchor located at the curve on Hwy 80 as the
Highway goes from a general easterly direction into a southerly direction where the City has and
maintains a large anchor known and referred to herein as the "Walsh Anchor"; and
WHEREAS, Grantees wish to "adopt" the Walsh Anchor for purposes of public
improvement, aesthetics and the enjoyment of guests and residents; and
WHEREAS, The City desires to allow Grantees to provide lighting, approved by the City,
on the Walsh Anchor and to grant access for the maintenance thereof to Grantees; and
WHEREAS, The City grants herein only a revocable license and this agreement does not
provide an easement or interest in the property referred to herein.
NOW THEREFORE, it is hereby agreed in consideration of the mutual promises herein,
and other good and valuable consideration, the parties hereby agree as follows:
1. Grantees hereby adopt the Walsh Anchor located on the eastern edge of the area on
or near Hwy 80 where such Highway makes a turn from a general easterly direction to primarily a
southerly direction, in order to decorate the same with lighting approved by the City and to
maintain such lighting the same for a period of three (3) years from the date hereof, if not sooner
terminated as provided herein.
2. Grantees assume all risk associated with the license granted herein and release the
City, its agents, officers, employees and officials from any claims or demands for any injuries,
medical expenses or damages whatsoever arising, directly or indirectly, with the subject hereof
and agree to indemnify & hold harmless, the City, its agents, officers, employees and officials
from any claims arising directly or indirectly from the subject hereof. These obligations of the
grantees shall survive the termination of this agreement.
Notwithstanding the foregoing either The City or Grantees may cancel this agreement and
any and all rights and obligations hereunder by Thirty (30) days' written notice to the other party
at the following addresses:
To the City: City of Tybee Island
c/o City Manager
P.O. Box 2749
403 Butler Ave.
Tybee Island, GA 31328
To Kathy and Gary Dennis: PO Box 2439
Tybee Island, GA 31328
45
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this ____
day of __________________, 2020.
CITY OF TYBEE ISLAND
By: ____________________________________
Shirley Sessions, Mayor
Attest: __________________________________
Jan LeViner, Clerk
APPROVED AS TO FORM:
____________________________
Edward M. Hughes
City Attorney
GRANTEES
___________________________
Kathy Dennis
___________________________
Gary Dennis
46
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
11. Request to approve contract for Earth Balance for Phase II of the Dune Vegetation
project.
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
12. Agreement for Disaster Recovery and FEMA Public Assistance, Goodwyn, Mills and
Cawood, Inc.Goodwyn, Mills and Cawood, Inc.
76
Page 1 of 7
AGREEMENT FOR DISASTER RECOVERY & FEMA PUBLIC ASSISTANCE
THIS AGREEMENT, made and entered into this 4th day of April, 2020, by and between The Tybee Island,
Georgia, hereinafter referred to as the Owner, and GOODWYN, MILLS & CAWOOD, INC., hereinafter
referred to as the Consultant.
WHEREAS, the Owner desires to have professional Consultant services and consultation performed
relative to General Disaster Recovery Work, which will consist of professional services for projects that do
not require preparation of construction documents for public bid;
NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained, the
Owner and Consultant do agree, each with the other, as follows:
ARTICLE 1. Basic General Disaster Recovery Services.
GMC shall provide management, administrative and legal support of program activities as needed to
recover costs under the Federal Emergency Management Agency’s Recovery Programs and assist with
project development. Services shall include:
• Phase I: Scoping and Planning
o Work with the owner to identify eligible & track costs that are eligible for
reimbursement (Related to COVID-19)
o Attend applicant briefings and kickoff meetings
o Attend site visits with FEMA and state representatives, as necessary
o Review procurement procedures for compliance with federal, state and local
procurement regulations
o Provide guidance with all document reporting requirements
• Phase II: Project Formulation & Project Worksheet Preparation
o Prepare and coordinate the development of summaries of documentation to support
Project Worksheets (PW’s) and versions submitted for the City
o Assist the City in responding to FEMA document requests and questions
o Provide technical support on documentations and compliance requirements, including
environmental issues, historical preservation issues, and strategic approaches to Section
404 and 406 mitigation grants
o Provide strategic assistance to address unique needs that are not satisfied by routine
disaster assistance programs and assist with FEMA reimbursement for Alternate and
Improved Projects
o Work with and provide oversight to departments as needed to assist the City through
the process
o Prepare the City personnel for meetings and attend meetings as needed with FEMA,
State and other funding agencies
o Attend periodic status meetings with the City.
• Phase III: Appeals and Closeout
o Review appropriate documentation for justification of project extension, if needed
o Review compliance with contracting requirements
o Review compliance with procurement regulations
77
Page 2 of 7
o Identify procedures to detect improper payments, expenses, and contracts that could
result in refunds of de-obligations
o Reconcile all Large Projects and prepare closeout packages for FEMA
ARTICLE 2. Partners
GMC will be partnering with Baker Donelson as part of the recovery team serve as needed in the
following capacity:
• Legal Guidance
• Interpretation of FEMA policies
• Appeals
ARTICLE 3. Responsibilities of the Owner
OWNER agrees to provide CONSULTANT with complete information concerning the requirements of the
project and to perform the following services:
3.1 The Owner shall provide all criteria and complete information as to the Owner’s requirements for
the Project and shall furnish all design and construction standards which the Owner will require
to be included in any reports.
3.2 The Owner will assist the Consultant by placing at the Consultant’s disposal all available
information pertinent to the Project.
3.3 Hold promptly all required meetings, serve all required notices, fulfill all requirements necessary
in the development of the project, and pay all costs incidental thereto.
3.4 The Owner shall arrange for access to and make all provisions for the Consultant to enter upon
public and private property to perform surveying, testing and other data collection as required
for Consultant to perform services under this Agreement. Owner shall appoint and designate in
writing a person to act as Owner’s site access representative for such purpose, and shall include
contact information for the individual so designated. Owner agrees to hold the Consultant
harmless from any and all claims, actions, damages and costs, including but not limited to
attorneys fees, arising from Owner’s arrangements and provisions for access to property.
3.5 Designate, in writing, a single person to act as OWNER's Representative with respect to the work
to be performed under this agreement. The person designated as Representative shall have
complete authority to transmit instructions and to receive information with respect to the work
covered by this agreement.
3.6 The Owner shall provide such accounting; independent cost estimating and insurance counseling
services as may be required for the Project. The Owner shall also provide such legal services as
the Owner may require or the Consultant may reasonably request with regard to legal issues
pertaining to the Project that must be resolved in order for the Consultant to carry out its
obligations under this Agreement. It is expressly understood and agreed that the Consultant itself
78
Page 3 of 7
shall not furnish or render any legal opinions or legal interpretations as to matters of law or
application of law.
ARTICLE 4. Compensation
4.1 For General Consulting Services, OWNER will pay CONSULTANT based on an hourly basis as set
forth in Exhibit “A”, Goodwyn, Mills and Cawood, Inc. Rate and Fee Schedule, which is attached
herein. Exhibit “A” shall be periodically amended, as mutually agreed, to reflect changes in
Goodwyn, Mills and Cawood, Inc. Rate and Fee Schedule. Fees shall be paid in monthly
installments.
4.2 Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due
Consultant for services and expenses within 30 days after receipt of Consultant’s invoice therefore, the
amounts due Consultant will be increased at the rate of 1.5% per month (or the maximum rate of
interest permitted by law, if less) from said thirtieth day. In addition, Consultant may, after giving seven
days written notice to Owner, suspend services under this Agreement until Consultant has been paid in
full all amounts due for services, expenses, and other related charges. Payments will be credited first to
interest and then to principal.
ARTICLE 5. Relationship of the Parties
5.1 The parties intend that this Agreement create an independent contractor relationship between
them. The Consultant is a professional corporation and is not an agent or employee of Owner for
any purpose. The Consultant cannot and will not represent that he has the authority to bind
Owner in any contractual manner. Nevertheless, with regard to the bidding and construction
phases, it is understood that Consultant may serve as the Owner’s representative with full
authority to participate therein as designated in Article 1, above.
5.2 Neither party is to represent to others that the relationship between them is other than as stated
above.
5.3 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement
to anyone other than the Owner and the Consultant, and all duties and responsibilities
undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Owner
and the Consultant and not for the benefit of any other party.
5.4 The Owner and the Consultant each is hereby bound and the partners, successors, executors,
administrators, legal representatives and assigns (to the extent permitted by Paragraph 6.5
below) are hereby bound to the other party to this Agreement and to the partners, successors,
executors, administrations, legal representatives and said assigns of such other party, in respect
of all covenants, agreements, and obligations of this Agreement.
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Page 4 of 7
5.5 Neither the Owner nor the Consultant shall assign, sublet or transfer any rights under or interest
in this Agreement without the written consent of the other, except to the extent that any
assignment, subletting or transfer is mandated or restricted by law. Unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under this Agreement. Nothing contained in this
paragraph shall prevent the Consultant from employing such independent professional
associates, consultants, subcontractors, and vendors as the Consultant may deem appropriate to
assist in the performance of services hereunder.
5.6 Consultant may employ such independent professional associates, consultants, subcontractors,
and vendors as the Consultant may deem appropriate to assist in the performance or furnishing
of services under this Agreement. Consultant shall not be required to employ any consultant
unacceptable to Consultant.
5.7 Consultant agrees to indemnify, defend and save Owner, its officers, agents and employees
harmless from any and all claims for losses, liabilities, damages, claims, demands, suits, actions,
proceedings, and expenses, including court costs and reasonable attorney's fees arising from the
negligent acts or omissions of the Consultant. Likewise, Owner agrees to indemnify, defend and
save Consultant, its officers, agents and employees harmless from any and all claims for losses,
liabilities, damages, claims, demands, suits, actions, proceedings, and expenses, including court
costs and reasonable attorney's fees arising from the negligent acts or omissions of Owner.
ARTICLE 6. Ownership and Use of Project Documents
6.1 All documents are instruments of service in respect to the Services, and Consultant shall retain an
ownership and proprietary property interest therein (including the right of reuse at the discretion
of the Consultant) whether or not the Services are completed.
6.2 Copies of documents that may be relied on by Owner are limited to the printed copies (also known
as hard copies) that are signed or sealed by the Consultant. Files in electronic media format of
text, data, graphics, or of other types that are furnished by Consultant to Owner are only for
convenience of Owner. Any conclusion or information obtained or derived from such electronic
files will be at the user’s sole risk.
6.3 Owner may make and retain copies of documents for information and reference in connection
with the services by Owner. Such documents are not intended or represented to be suitable for
reuse by Owner or others on extensions of the services or on any other project. Any such reuse
or modification without written verification or adaptation by Consultant, as appropriate for the
specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to
Consultant or to Consultant’s consultants. Owner shall indemnify and hold harmless Consultant
and Consultant’s consultants from all claims, damages, and expenses including attorneys’ fees
arising out of or resulting therefrom.
6.4 In the event of a discrepancy between the electronic files and the hard copies, the hard copies
govern.
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6.5 Any verification or adaptation of the documents for extensions of the services or for any other
services will entitle Consultant to further compensation at rates to be agreed upon by Owner and
Consultant.
ARTICLE 7. Liability and Indemnity
7.1 The Consultant will not be responsible for delays, disruptions or obstacles attributable to acts of
God, acts of third parties, weather, intervention of public authorities, work stoppages, changes in
the applicable laws or regulations after the date of commencement of performance hereunder
and any other acts or omissions or events which are beyond the control of the Consultant.
7.2 Owner may not utilize Consultant’s cost estimate after thirty calendar days from the date of
delivery to Owner without Consultant’s written consent. Estimates of cost are made on the basis
of the Consultant’s experience, qualifications, and professional judgment, but since Consultant
has no control over the cost of labor, materials, equipment or services furnished by others, or
over competitive bidding or market conditions, Consultant cannot and does not guarantee or
warrant that proposals, bids or actual construction costs will not vary from estimates of probable
costs prepared by Consultant. Approvals, recommendations, estimates and decisions by the
Consultant are made on the basis of the Consultant’s experience, qualifications, and professional
judgment and are not to be construed as warranties or guarantees.
7.3 In no event shall either party to this Agreement be liable to the other for special, indirect,
incidental or consequential damages, whether or not such damages were foreseeable at the time
of the commencement of the work under this Agreement. Except for claims made pursuant to
5.7 above, Consultant's liability to Tybee Island shall not exceed the contract price for the specific
goods and services upon which the claim is based.
7.4 Any and all liability resulting from conditions not created or caused to be created by the
Consultant shall be the liability of the Owner.
ARTICLE 8. Termination
8.1 This Agreement shall be subject to termination by either party hereto, with or without cause,
upon twenty (20) days advance notice in writing. Payment due Consultant at such time shall be
computed upon applicable terms of Article 4, the amount of work completed by Consultant as of
the termination date and Consultant’s reasonable cost of winding down its services after
termination.
ARTICLE 9. Insurance
9.1 The Consultant shall take out and maintain, and shall require any subcontractor to take out and
maintain, throughout the period of this Agreement, including any work or service conducted as a result
of said Agreement, insurance of the following minimum types and amounts to protect the Consultant
and Owner:
9.1.1 Commercial General Liability Insurance, including Contractual Liability,
Completed/Products, and Contractors Protective Liability, if subcontractors are used, withlimits
for Bodily Injury, including Death and Property Damage, in the amount of $1,000,000 each
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occurrence and $2,000,000 General Aggregate and Products/Comp Aggregate. The City of Tybee
Island should be named as an ADDITIONAL INSURED as per CG20 10 or equivalent and per CG20
37 or equivalent.
9.1.2 Automotive Liability including Owned, Non-owned and Hired Vehicles: Limits for Bodily
Injury in the amounts of $1,000,000 each person, $1,000,000 each occurrence, and property
damage $1,000,000 each occurrence. The City of Tybee Island should be named as ADDITIONAL
INSURED on the auto policy per CA 20 48 or equivalent.
9.1.3 Worker’s Compensation Statutory limits for State(s) in which work will be performed,
including Employers’ Liability of $500,000 each accident, $500,000 disease-each employee and
$500,000 disease-policy limits.
9.1.4 Professional Liability insurance with limits of $1,000,000 in the aggregate covering
Consultant against all sums which Consultant may become legally obligated to pay on account of
any professional liability arising out of the performance of this Agreement.
9.2 Certificates
Consultant agrees to provide Owner with certificates of insurance evidencing the above described
coverage prior to the start of Services, and annually thereafter. Such certificates s hall provide that the
applicable insurance policies have been endorsed to provide a minimum of thirty days advance notice to
Owner in the event of cancellation, non-renewal, or reduction in limits by endorsement.
ARTICLE 10. Miscellaneous
10.1 This Agreement represents the entire and integrated Agreement between the Owner and
Consultant and supersedes all prior negotiations, representations or agreements, whether
written or oral. This Agreement may only be amended, supplemented or modified by written
instrument executed by both the Owner and the Consultant.
10.2 It is understood and agreed by the parties hereto, that if any part, term or provision of this
Agreement is held by any court of competent jurisdiction to be illegal or in conflict with any
applicable law, the validity of the remaining portion or portions of this Agreement shall not be
affected and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part, term, or provision held to be invalid.
10.3 It is expressively understood and agreed that the indemnity and insurance obligations of this
Agreement, as well as the Consultant’s proprietary interest in its Consulting plans and
specifications, shall survive the termination of this Agreement under Article 8 above as well as the
completion of services under this Agreement.
10.4 This Agreement is to be governed by the laws of the State of Georgia.
WHEREFORE, the undersigned, by their signatures, certify that they have carefully read this
Agreement, understand the terms and conditions contained herein, have proper authority to execute this
Agreement, and do so as their own free act:
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OWNER: CONSULTANT:
City of Tybee Island GOODWYN, MILLS & CAWOOD, INC.
By: By:
____________________________________________ _____Robert Ramsey_________________
Title: Title: VP Disaster Recovery
Attest: Attest:
________________________________________ _Courtney Reich, VP, Coastal GA________
Name and Title
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Exabit A:
HOURLY RATE SCHEDULE
PRICING
To the extent that the Tybee Island, Georgia requests GMC’s assistance, the following positions and hourly rates
shall apply. The fees for these services will be provided on time and materials basis plus reasonable expenses
directly related to the services furnished under the resulting agreement. Non-labor expenses shall be invoiced as
follows: 1) travel expenses including airfare and car rental shall be invoiced at cost, without mark-up; 2) lodging shall
be invoiced up to the per diem rate according to the GSA rates established at www.gsa.gov; 3) meals and incidentals
shall be invoiced at the GSA per diem rate (no receipts are required); 4) mileage shall be invoiced at the federally
published rate; 5) other expenses as may be applicable to the project and preapproved by GMC and the city shall be
invoiced at cost, without mark-up.
Hourly Rate Schedule for
Disaster Recovery and FEMA Public Assistance
Labor Category Hourly Labor Rate
Senior Attorney $365.00
Junior Attorney $275.00
Paralegal Case Assistant $210.00
Subject Matter Expert $ 220.00
Program Manager $ 190.00
Project Writer $ 125.00
Data Manager $ 100.00
Closeout Specialist $ 120.00
Not to Exceed $30,000.00
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
14. Minutes, Ethics Commission Meeting, January 15, 2020 (Information Only)
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Ethics Commission Minutes
Meeting January 15, 2020
Approved: 03/05/2020
Members Present: Dennis Alexander, Ben Goggins, James McNaughton, Michael Pappas,
Zelda Tenenbaum, Frances Kay Strickland
Members Absent: Mark Reed
Ex-Officos Present: Janice Elliott, Recording Clerk
Invited Guests: Charlie Barrow, Attorney for Ethics Commission
Approval of Minutes:
Ben Goggins made a motion for the December 4, 2019 meeting minutes to be approved. Frances
Kay Strickland seconded. Minutes were approved.
Dennis Alexander made a motion for the March, 2019 meeting minutes to be approve. Frances
Kay Strickland seconded. Minutes were approved.
Old Business: Discussion of proposed modification of the Informal Resolution portion of
the Ethics Complaint Procedure.
Michael Pappas discussed changes to Ethics Commission Outline for Informal Hearing Process
that Mark Reed and Dennis Alexander proposed. He and Charlie Barrow discussed changes to
the Ethics Complaint Policy.
Ben Goggins made a motion to adopt the changes discussed in the Ethics Commission Outline
for Informal Hearing Process and in the Ethics Complaint Policy and Ethics Complaint
Procedure. Frances Kay Strickland seconded. Motion carried.
(See attachments of the updated Ethics Commission Outline and Ethics Commission Complaint
Policy and Complaint Procedure)
New Business: Date for the Annual Meeting of Ethics Commission in February 2020
Dates discussed were Wednesday, February 19th or 26th.
*****************************************************************************
Michael Pappas recused himself at this time and Dennis Alexander became the Chairman.
*****************************************************************************
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Call for a Motion to go into Executive Session to discuss Ethics Complaint and Response.
Zelda Tenenbaum made a motion to go into Executive Session. Frances Kay Strickland
seconded the motion. Motion carried.
Close Executive Session and Reconvene Meeting for Action
Frances Kay Strickland made a motion to close Executive Session and reconvene the open
meeting. James McNaughton seconded the motion. Motion carried.
Ben Goggins made a motion that the Ethics Commission ruled based on Councilman Hosti’s
assertions that he quit working on other people’s golf carts several months before he was elected,
we conclude from the review of the complainant and response that as of the time of the vote in
question Councilman Hosti did not have a home business therefore he had no conflict and did not
need to recuse himself on a vote on the first reading of a proposed amendment to the ordinance
that is regarding home occupations. Frances Kaye Strickland seconded. Motion was unanimous.
Adjournment:
James McNaughton motioned to adjourn the meeting. Zelda Tenenbaum seconded. Motion
carried. Meeting adjourned.
02/10/2020je
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