HomeMy Public PortalAbout20200910Packet.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
September 10, 2020 at 6:30 PM
Please silence all cell phones during Council Meetings
Consideration of Items for Consent Agenda 6:30PM
Opening Ceremonies
Call to Order
Invocation
Pledge of Allegiance
Announcements
Recognitions and Proclamations
1. Mack Kitchens, Letter of Recognition
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
2. Minutes, City Council Meeting, August 27, 2020
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5
minutes.
3. Jenny Rutherford: Transferable Parking Pass
If there is anyone wishing to speak to anything on the agenda other than Public
Hearings. Please limit to 5 minutes
Consideration of Approval of Consent Agenda
Public Hearings
4. Variance: requesting setback encroachment – 409 Tybrisa Street – 4000812010 – Zone
R-2 – Paul Murach.
Consideration of Bids, Contracts, Agreements and Expenditures
5. Addendum No. 2 to Master Services Agreement No. 60826, MCCI.
6. Software License Agreement: Thomas and Hutton Corporation dba
geothinQ: DOCUMENTS PENDING
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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
7. Thomas & Hutton, Professional Civil Engineering Services Contract (Collection of Sanitary
Sewer Collection System Data)
8. American Tower: Request for lease adjustment
9. Verizon: 4th Amendment to Lease Agreement
10. MOU between USCG Station Tybee and Tybee Island Fire Department
11. Approval: Granicus Software Management Contract - STVR's: DOCUMENTS
PENDING
Consideration of Ordinances, Resolutions
12. Second Reading, 2020-13, Disorderly Household and Administrative Fine Offenses
13. Second Reading: 2020-18 Mask/Face Covering Ordinance
Council, Officials and City Attorney Considerations and Comments
14. Monty Parks: Establish a Fine for Rentals without Registration - FOR DISCUSSION ONLY
15. Monty Parks: Increase in Annual Liquor License Renewal Fees
16. Shawn Gillen: Retirement Incentive
17. George Shaw: A return to normal crossover approval process and fees
Other Committee Minutes
18. Planning Commission Minutes, August 17, 2020
Executive Session
Discuss litigation, personnel and real estate
Possible vote on litigation, personnel and real estate discussed in executive session
Adjournment
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings,
should do so during the citizens to be heard section. Citizens wishing to place items on the council
meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM
prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City
Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible
planning, preservation of our natural and historic resources, and partnership with our community to ensure
economic opportunity, a vibrant quality of life, and a thriving future.”
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
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File Attachments for Item:
2. Minutes, City Council Meeting, August 27, 2020
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City Council Minutes, August 27, 2020
Consideration of Items for Consent Agenda
Mayor Sessions called the consent agenda to order at 6:30PM on August 27, 2020 via Zoom.
Those present were Monty Parks, John Branigin, Jay Burke, Barry Brown, Nancy DeVetter and
Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney;
Tracy O’Connell, EPRA Law Firm, George Shaw, Director, Community Development; and Janet
LeViner, Clerk of Council.
Mayor Sessions listed the following items on the consent agenda:
City Council Meeting, August 13, 2020
AWR Contract: Alan Robertson
Skidway Institute Dune Monitoring. Discussion: Mr. Hughes stated there are two
paragraphs included in the Agreement that will need to be removed: (1) clause regarding
indemnification and (2) clause relating to insurance. A substitute Agreement will be
forthcoming.
Verizon Temporary Tower Lease
Approval of the Online/Practice Solution/Software/Proflex Products - Tybee Island Police
Department Detective Division. $225 per month per year and increases 5% in year two.
Out-of-State Travel: Chief Matt Harrell, Navaree Beach. Working with them on Lifeguard
Program
MOU - Beachside Colony Condominium Association and City of Tybee Island to place and
maintain a camera to make observation of the beach area. Discussion: Approval to
include diagram of location of camera.
Opening Ceremonies
Call to Order
Invocation: Jan LeViner, Clerk
Pledge of Allegiance
Demery Bishop, Chair, Planning Commission/Working Group, STVR's approached Mayor
and Council. Mr. Bishop gave a detail report on the progress of the Working Group (attached).
Mayor Sessions thanked Mr. Bishop and the Working Group for all their hard work.
Alan Robertson approached Mayor and Council to give a brief overview of the Skidway Dune
Monitoring Proposal. Mr. Robertson stated the Agreement would be between the City and the
Institute which is an arm of the University of Georgia. A drone would be flown over the dunes
from Chatham to the north groin once a quarter and once after a storm event. Mr. Robertson
continued, the baseline measurements have been taken and he has received the approval of the
Department of Community Affairs under their grant. The Agreement would be for year one and
the Corps of Engineers is working with Skidway to pick up years two and three at their expense.
He continued, this study will give Tybee a clear picture of the erosion patterns of the dunes and
beach. Mr. Robertson is asking for Mayor and Councils approval for the one-year agreement with
Skidway. Mr. Hosti asked who will be able to access the information from the drones. Mr.
Robertson stated he will make it public. Mr. Hosti also asked how many acres have been added
to the beach over the years due to re-nourishments. Mr. Robertson responded he did not know
but will reach out to the US Corps of Engineers for their original baseline data and do comparisons.
Mayor Sessions thanked Mr. Robertson for his work on this project.
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Monty Parks made a motion to approve the consent agenda. Nancy DeVetter seconded.
Vote was unanimous, 6-0.
Consideration of Bids, Contracts, Agreements and Expenditures
4th Amendment to Lease Agreement – Verizon. NO ACTION. TO BE HEARD
SEPTEMBER 10, 2020
American Tower: Request for lease adjustment. NO ACTION. TO BE HEARD
SEPTEMBER 10, 2020
T-Mobile Fifth Amendment to Water Tower Attachment Lease Agreement NO ACTION.
TO BE HEARD SEPTEMBER 10, 2020
Memorandum of Agreement: USCG Health Safety and Work-Live Service Center and
Tybee Island Fire Department. NO ACTION. TO BE HEARD SEPTEMBER 10, 2020
Software License Agreement: Thomas and Hutton Corporation dba geothinQ. NO
ACTION. TO BE HEARD SEPTEMBER 10, 2020
Thomas & Hutton, Professional Civil Engineering Services Contract (Collection of
Sanitary Sewer Collection System Data). NO ACTION. TO BE HEARD SEPTEMBER 10,
2020
Consideration of Ordinances, Resolutions
First Reading, 2020-16, Disorderly Household and Administrative Fine Offenses.
Mayor Sessions reminded Council this is a first reading. Mr. Hughes confirmed. Monty Parks
made a motion to approve for discussion. Barry Brown seconded. Discussion: Mr. Parks
stated the change is the penalties will now be moved to the civil offenses. In this way non-Post
Certified Police Officers/City employees may write tickets for violations on the beach. Mr. Hughes
confirmed and stated there is one additional component, in the Disorderly House provision
regarding the three strikes clause, as it can be included with the administrative offenses. Vote
was unanimous to approve, 6-0.
First Reading: 2020-18 Mask/Face Covering Ordinance. Mayor Sessions confirmed this
would apply to City owned and operated buildings. Mr. Hughes confirmed. Monty Parks made
a motion to approve for discussion. Nancy DeVetter seconded. Discussion: Dr. Gillen stated
from a practical standpoint this will not change how the City is operating currently but will add
authority to policy. Mayor pro tem Brown asked if this would include such locations as North
Beach Grill, Salty Pelican, Marine Science Center and Marine Rescue Squadron? Mayor Sessions
responded it will only apply to City owned and operated buildings. Mr. Parks asked Mr. Hughes if
the approval could be for first and second reading. Mr. Hughes stated no. Vote was unanimous
to approve first reading, 6-0.
Council, Officials and City Attorney Considerations and Comments
Barry Brown stated he would like to start a discussion regarding Increase in Retirement
Amounts for Mayor and Council. The current contribution is $20 per year. Mayor Sessions
asked Mayor pro tem Brown to direct Dr. Gillen to have Staff work with GMA, who is the body
that controls this, to find out the process for increasing the contribution. Dr. Gillen confirmed.
Shawn Gillen approached Mayor and Council to discuss the Hiring of Additional Code
Enforcement Officers to include all costs. Monty Parks made a motion to approve. Nancy
- Page 6 -Item #2.
DeVetter seconded. Voting in favor were Jay Burke, Monty Parks, John Branigin, Barry Brown
and Nancy DeVetter. Voting against was Spec Hosti. Motion carried, 5-1.
Dr. Gillen stated he has forwarded the Results of RFP for software for STVR's to Mayor and
Council. The recommendation from Staff is to move forward with Granicus as the vendor for this
software. Granicus has purchased Host Compliance which is the company the City is currently in
discussions. Mayor Sessions asked Dr. Gillen how Granicus is different from current software the
City is using. Dr. Gillen stated Granicus is a specific software company that provides full service
where they will have the capability to identify non-compliant STVR’s. They will also provide on-
line registration as well as compliance with taxes, etc. He asked Mayor and Council to approve.
Mr. Hughes stated Mayor and Council would approve the award of the RFP to Granicus as per the
Staff recommendations. There would also need to be a contract thereafter to be executed by the
City. Mayor Sessions asked if this was in the current budget. Dr. Gillen stated there are funds in
Mr. Shaw’s line item that is allocated for Contract Services as the House Raising Grant is not
moving along as fast as anticipated and will cross fiscal years. So therefore, funds will be allocated
for this purchase. Mayor Sessions asked how long the term of the contract. Dr. Gillen stated one
year per Georgia Law but can automatically renew and is subject to termination as well. Mr. Hosti
asked for clarification as to if the new software, Caselle, can provide the same services as
Granicus. Dr. Gillen stated Caselle could provide on-line registration capacity but cannot handle
the actual registration process. Mr. Hosti then asked who will be responsible for ensuring the
information is correct in the Granicus software. Dr. Gillen responded he would not have Staff
review for redundancies. Mr. Hosti asked Dr. Gillen the cost of the software. Dr. Gillen responded,
$122,474. Mr. Bishop expressed his concerns with the current form used for registration as the
Working Group might have recommendations which would means changes to the form. Dr. Gillen
stated the vendor will build a form around the City’s needs. Mr. Bishop asked if there will be a
review of performance for Granicus prior to renewal. Dr. Gillen confirmed. Monty Parks made
a motion to approve. Barry Brown seconded. Voting in favor were Jay Burke, Monty Parks,
John Branigin, Barry Brown and Nancy DeVetter. Voting against was Spec Hosti. Motion carried,
5-1.
Staff Report on feasibility of tiered registration rates for STVR's. No Action Taken.
Monty Parks made a motion to adjourn. Motion was unanimous by consensus.
Meeting adjourned at 8:20PM.
______________________________
Janet R. LeViner, CMC
Clerk
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File Attachments for Item:
4. Variance: requesting setback encroachment – 409 Tybrisa Street – 4000812010 – Zone R-2 –
Paul Murach.
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File Attachments for Item:
6. Software License Agreement: Thomas and Hutton Corporation dba geothinQ: DOCUMENTS
PENDING
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SOFTWARE LICENSE AGREEMENT
This SOFTWARE LICENSE AGREEMENT (the “Agreement”) is entered into between Thomas
and Hutton Corporation dba geothinQ and its affiliates including but not limited to the licensors
of any of the geothinQ Software as defined herein (“geothinQ”) and the customer identified
below on this signature page (“you,” “Licensee” or “User”) governing the license and use of the
geographic land mapping and data visualization software including a heat map with statistical
calculations for the purpose of land analysis (the “geothinQ Software”) which you may download
and access and which enables the delivery of certain content related to land (“Services”)
(collectively, the Software and Services shall be referred to as the “geothinQ Property”) and
made available for license on the website located at www.geothinq.com (the “Website”). This
Agreement is effective as of the date of last signature below (the “Effective Date”).
This Agreement consists of (i) this signature page; (ii) the provisions set forth below in Articles
1-10; (iii) Schedule A; (iv) all written orders for geothinQ services in Statements of Work
(“SOW’s) with the first SOW attached as Schedule B; and/or (v) the Thomas & Hutton Letter
Agreement (if applicable). This Agreement, along with the End User License Agreement
(“EULA”) located on the Website, contains the complete expression of the agreement between
the parties with respect to the matters addressed herein and there are no promises, representations,
or inducements except as herein provided.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their
respective duly authorized representatives.
geothinQ Licensee
By: _____________________________ By: _____________________________
Printed Name: Christopher C. Nichols Printed Name: ________________________
Title: Product Manager Title: ______________________________
Date: 12 August 2020 Date: ______________________________
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ARTICLE 1: USER LICENSE
1.1 User License. geothinQ grants
User the limited, non-transferable, and
revocable, in geothinQ’s discretion, right
to use the geothinQ Property on the terms
and conditions set forth herein for the
limited purposes of downloading,
accessing and interacting with the
geothinQ Property to acquire data and
information to evaluate the topography,
ownership, and location of real estate or
other internal business purpose and for
copying, reproducing, transmitting and
otherwise using the data and maps in
furtherance of this limited purpose. Any
other use of the geothinQ Property is
strictly prohibited.
1.2 Ownership. User acknowledges that
nothing herein gives it any right, title, or
interest in the geothinQ Property except for
those explicitly set forth in this
Section. User shall not contest or challenge
the validity of any part of the geothinQ
Property. All content accessible by means of
the geothinQ Property (the “Content”) is
owned and provided by third parties to
geothinQ for delivery to you and may be
protected by various copyrights and/or other
proprietary rights owned by such third
parties.
1.3 Number of Licenses. User may
purchase as many licenses as needed for its
business. The purchase of one license allows
User access to the Website from a single IP
address associated with one desktop and one
mobile device concurrently. At no time shall
a user be permitted to access the Website
from more than one desktop device or more
than one mobile device at the same time.
Each license is unique to one individual and
cannot be shared with other individuals. The
amount of licenses you own is set forth in
Schedule A.
1.4 Payment. User shall pay geothinQ
for each license for the amount and term set
forth in Schedule A. Payment terms may be
modified by geothinQ by notifying User of
the change in writing prior to the beginning
of the next term. Failure to make timely
payments can result in loss of access to the
geothinQ Property and/or termination of this
Agreement.
1.5 Scope of License. geothinQ offers
various levels of access to the geothinQ
Property and each level is priced accordingly.
User’s access level is set forth in Schedule A.
1.6 Use Restrictions. You acknowledge
and agree that you may not (i) reproduce the
geothinQ Property, or any portion thereof, in
any way or in any format now known or
hereafter developed other than making copies
of the Content for internal business purposes;
(ii) provide any other person with access to
the geothinQ Property not expressly allowed
in this Agreement or by geothinQ in writing;
(iii) sublicense the use of the geothinQ
Property; (iv) make derivative works from
the geothinQ Property; (v) resell, relicense,
or redistribute the geothinQ Property or any
portion thereof, in any way or in any format
now known or hereafter developed; (vi)
attempt to, or encourage or assist any other
person to, circumvent or modify any security
technology or software that is part of the
geothinQ Property or used to administer
these use restrictions; (vii) use the geothinQ
Property in any way that would cause it to
constitute a “consumer report” under the Fair
Credit Reporting Act, 15 U.S.C. § 1681 et
seq. or similar statute; or (viii) use the
geothinQ Property in any manner other than
set forth herein. User shall not directly or
indirectly modify, translate, decompile,
create or attempt to create, by reverse
engineering or otherwise, the object or source
code of the geothinQ Software. User
acknowledges that it will only be permitted to
utilize the geothinQ Software for its intended
purpose and access the geothinQ Property
through platforms designated by geothinQ
from time to time. You may not export more
than 10,000 points of interest in one calendar
year. Violation of this requirement will result
in immediate termination of this Agreement.
While the geothinQ Property should not
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allow you to do so, you may not create a
workaround and access or export data
elements relating to more than 1,000 parcels
at one time nor more than 100 points of
interest at one time. You may export all data
layers in PDF format. In accordance with
restrictions integrated in the geothinQ
Property, parcel data and points of interest
data relating to geography may be exported
also in KML format. Parcel data attributes
and points of interest data attributes
(excluding latitude and longitude) may be
exported in CSV format. You are expressly
prohibited from exporting parcel data and
points of interest data in SHP format and
DWG format and you are expressly
prohibited from exporting transmission lines,
substations and electric service territories in
any format other than PDF.
1.7 Ownership Representation. You
represent that you are not one of the
following entities, their affiliates or
subsidiaries, nor their successors in interest:
Acxiom, America Online, Inc. (AOL), Black
Knight, CBCInnovis, CD-Data, Collateral
Analytics, Costar Group, Courthouse
Retrieval System Inc., Data Solutions,
Datamyx, Data Verify, Digital Map Products,
Digital Risk, Experian, Equifax, Fair Isaac
Corporation, Fidelity National Financial
(FNF), Fidelity National Information
Services (FNIS), Fidelity National Insurance
Company, Fidelity National Title Group,
First American Financial Corporation, First
Data Solutions, FiServ, FNC, Google,
Haines, InfoUSA, Insurance Service Office
(ISO), International Data Management
(IDM), Interthinx, iPlace, ISGN, Land
America, Lender Processing Services,
Lending Tree, Lexis/Nexis, MacDonald-
Detweiler, Maponics, MasterFiles, Merlin
Data, Microsoft, Myriad Development,
National Data Cooperative, National
Information Services, New Reach, Onboard
Informatics, Real Ingo, Real Net, Rentwood
RealtyTrac LLC, RJ Peters, Sedgwick CMS,
Stewart Information Services Corporation,
SW Financial, TPG Capital, Thompson-West
Group, TransUnion, Verisk, Veros, Yahoo!,
Zaio and Zillow.
ARTICLE 2: SERVICES
2.1 Engagement. Licensee may retain
Licensor to create customized GIS
software (the “GIS Custom Services”)
and, when so retained, the performance of
such GIS Custom Services shall be
governed by, and Licensor agrees to
perform such Services in accordance
with, the terms and conditions of this
Agreement and the applicable Statement
of Work negotiated and executed by
Licensor and Licensee in a similar format
to Schedule B attached hereto.
2.2 GIS Custom Services. Licensor
represents and warrants that it and its
employees will perform the GIS Custom
Services in a manner consistent with that
degree of care and skill ordinarily
exercised by members of the same
profession currently practicing under
similar circumstances at the same time
and in the same or similar locality.
2.3 Priority. In the event of a conflict
or inconsistency between the terms and
conditions of this Agreement and the
terms and conditions of any Statement of
Work promulgated hereunder, the terms
and conditions of this Agreement shall
control unless the applicable clause in the
applicable Statement of Work expressly
references the conflicting term of this
Agreement.
2.4 Work Product Testing and
Acceptance. Licensor shall notify
Licensee of the readiness of the software
created with the GIS Custom Services
(the “Work Product”) for testing by
Licensee (the date of such notification
hereinafter being referred to as the
“Delivery Date”). Unless otherwise set
forth in the applicable Statement of
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Work, Licensee shall have thirty (30)
business days after the Delivery Date to
complete testing of the Work Product. If
this test establishes that the Work Product
does not materially perform to the
applicable specifications or Licensee’s
reasonable requirements that had been
communicated to Licensor, Licensee
shall immediately notify Licensor and
Licensor shall, within a reasonable time,
not to exceed ten (10) business days
unless otherwise set forth in the
applicable Statement of Work, modify or
otherwise improve the Work Product in
an effort to make the Work Product
conform to Licensee’s reasonable
requirements. If no written notification
of material non-conformance is received
by Licensor within such thirty (30) days
following the Delivery Date of the Work
Product, such Work Product shall be
deemed accepted by Licensee.
ARTICLE 3: TRANSFER
No transfer of any right or interest of
User under this Agreement, in whole or in
part (whether voluntarily or by operation of
law), directly, indirectly or contingently,
shall be permitted without the prior written
consent of geothinQ unless it has been
reassigned by a former User to a new User
who has replaced the former User’s position.
geothinQ may assign this Agreement without
the consent of User.
ARTICLE 4: ACCOUNT
INFORMATION AND DATA
geothinQ does not own any data,
information, or material (“Your Data”) that
you submit to the Service in the course of
using the Service. You, not geothinQ, shall
have sole responsibility for the accuracy,
quality, integrity, legality, reliability,
appropriateness, and intellectual property
ownership or right to use of all Your Data,
and geothinQ shall not be responsible or
liable for the deletion, correction,
destruction, damage, loss or failure to store
any of Your Data. geothinQ will not use Your
Data for any purpose other than its internal
business purposes. In the event this
Agreement is terminated (other than by
reason of User’s breach), geothinQ will make
available to you a file of Your Data within 30
days of termination if so requested at the time
of termination. geothinQ reserves the right to
withhold, remove and/or discard Your Data
without notice for any breach, including,
without limitation, non-payment. Upon
termination for cause, your right to access or
use Your Data immediately ceases, and
geothinQ will have no obligation to maintain
or forward any of Your Data.
ARTICLE 5: LOGO
On sites that link to geothinQ’s
Website, a geothinQ logo must be included
at the bottom right corner of all pages from
the use of the Service. This logo must also
link to the Website. You agree not to tamper
with the logo and display the logo in all
documents emanating from geothinQ.
geothinQ is a trademark owned by geothinQ.
All other trademarks which may appear in
the geothinQ Property are property of their
respective owners. This Agreement does not
grant you the right to use these trademarks
except as set forth in this Agreement. You
may not contest the ownership or validity of
any trademarks appearing in the geothinQ
Property.
ARTICLE 6: DISCLAIMER OF
WARRANTIES AND LIABILITY
6.1 General Disclaimer. geothinQ is
making the geothinQ Property available to
you on an “as is” and “as available” basis
and you agree that your use of the geothinQ
Property is at your own risk.
6.2 Warranty Disclaimer. GEOTHINQ
DISCLAIMS ALL WARRANTIES THAT
RELATE IN ANY WAY TO THE
GEOTHINQ PROPERTY, EITHER
EXPRESS OR IMPLIED, INCLUDING
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WITHOUT LIMITATION ANY
WARRANTY FOR INFORMATION,
AVAILABILITY, ACCURACY,
ADEQUACY, QUIET ENJOYMENT,
NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE.
6.3 Limitation of Liability. UNDER NO
CIRCUMSTANCES WILL GEOTHINQ
BE LIABLE FOR ANY DAMAGE
CAUSED BY YOUR USE OF THE
GEOTHINQ PROPERTY. UNDER NO
CIRCUMSTANCES, INCLUDING BUT
NOT LIMITED TO NEGLIGENCE,
SHALL GEOTHINQ OR ITS
EMPLOYEES BE LIABLE FOR ANY
SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM
YOUR USE OR MISUSE OF, OR THE
INABILITY TO USE THE GEOTHINQ
PROPERTY EVEN IF GEOTHINQ OR
ITS AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES. UNDER NO
CIRCUMSTANCES WILL GEOTHINQ
BE LIABLE FOR ANY DAMAGE
CAUSED BY YOUR USE OF OR
ACCESS TO THE GEOTHINQ
PROPERTY. IN NO EVENT SHALL
GEOTHINQ’S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT, OR
OTHERWISE) ARISING UNDER OR
RELATED TO THIS AGREEMENT OR
YOUR USE OF THE GEOTHINQ
PROPERTY EXCEED THE AMOUNT
PAID BY YOU TO GEOTHINQ FOR THE
SOFTWARE IN THE PRECEDING
TWELVE MONTHS. THIS
ALLOCATION IS REFLECTED IN THE
ECONOMIC TERMS OF THIS
AGREEMENT AND IS AN ESSENTIAL
ELEMENT OF THE BASIS OF THE
BARGAIN BETWEEN THE PARTIES.
EACH OF THE LIMITATIONS OF
LIABILITY SET FORTH ABOVE ARE
INDEPENDENT OF, AND SHALL
SURVIVE THE FAILURE OF, ANY
OTHER PROVISION IN THIS
AGREEMENT (INCLUDING
EXCLUSIVE REMEDIES).
6.4 Errors; Accuracy; Security. Though
geothinQ uses reasonable efforts to ensure
otherwise, the geothinQ Property may
contain errors or other inaccuracies and may
not be complete, accurate, or current.
geothinQ does not guarantee, represent, or
warrant that (i) the geothinQ will be error-
free, accurate, or current, or (ii) your use of
the geothinQ Property will be uninterrupted,
error-free, or free from loss corruption,
attack, viruses, interference, hacking, or
other security intrusion, and geothinQ
disclaims any liability relating thereto. USER
AGREES THAT FROM TIME TO TIME
GEOTHINQ MAY REMOVE OR DISABLE
ACCESS TO THE GEOTHINQ PROPERTY FOR
INDEFINITE PERIODS OF TIME, OR CANCEL
THE GEOTHINQ PROPERTY, OR ANY
PORTION THEREOF, AT ANY TIME, WITHOUT
NOTICE TO USER.
6.5 Good Faith Notification of Access
Breach. If User’s access to the Website has
been compromised, User agrees to notify
geothinQ of the breach.
6.6 User’s Reliance on Content
Accuracy. User understands and
acknowledges that the Content is derived
from sources which are not updated on a
daily basis. Some of the Content is updated
on a quarterly basis and other parts of the
Content could be updated on a biennial basis
or longer. Consequently, you understand and
acknowledge that you should consult the
appropriate professionals to confirm or deny
the accuracy of the information contained in
the Content and should not rely exclusively
on the information contained in the Content.
You agree and acknowledge that you will
rely on professionals to evaluate the subject
property through appraisals, title searches,
and physical inspections and the Content
cannot substitute for this professional advice.
- Page 48 -Item #6.
ARTICLE 7: TERM
7.1 Term. This Agreement shall
remain in effect for a period of one (1)
month, one (1) quarter, or one (1) year from
the Effective Date in accordance with User’s
specific license of the geothinQ Property set
forth in Schedule A.
7.2 Termination. If you fail, or if
geothinQ has reason to suspect that you have
failed, to comply with any of the provisions
of this Agreement and/or the EULA,
including but not limited to your payment
obligations or the usage restrictions on the
geothinQ Property, geothinQ may, in its sole
discretion, with or without notification to
you, terminate this Agreement and disable
your access to the Website. User may
terminate this Agreement by notifying
geothinQ fifteen (15) days prior to the end of
the term.
ARTICLE 8: INDEMNITY
User shall defend, indemnify, and
hold harmless geothinQ and its employees
and agents, from and against any and all
suits, proceedings, claims, losses, and
damages (including reasonable attorneys’
fees) related to: (i) any breach by User of this
Agreement (ii) any claim by a third party that
arises from User’s use or misuse of the
geothinQ Property and (iii) any claim by a
third party that arises from use or misuse of
Your Data.
ARTICLE 9: CONFIDENTIALITY
9.1 Definition. “Confidential
Information” shall mean any information,
written or verbal, owned by geothinQ, its
licensors and others related to its confidential
or proprietary matters including, without
limitation, all information related to
inventions, processes, algorithms, software
schematics, code and source documents,
data, formulas, trade secrets, technical data
and know-how, customer lists, pricing,
pricing policies, operational methods,
accounting and financial information and
materials, marketing information, and other
business affairs. Confidential Information
also includes usernames, passwords, or
registration information received from
geothinQ.
9.2 Obligation of Confidence. You
shall: (a) maintain the Confidential
Information in strict confidence and take all
reasonable steps to prevent its disclosure to
third parties; (b) use at least the same degree
of care as you use in maintaining the secrecy
of your own Confidential Information (but no
less than a reasonable degree of care); and (c)
prevent the removal of any proprietary,
confidential, or copyright notices placed on
the Confidential Information. You may use
the Confidential Information only in
connection with the geothinQ Property. You
shall not, at any time, make any use of the
Confidential Information for any other
purpose. You shall keep the Confidential
Information confidential at all times and shall
not disclose the Confidential Information to
any person including your employees except
to your employees, representatives, advisors,
and agents who have a need to know such
information in connection with assisting you
with the geothinQ Property and who are
required to keep such information
confidential. You shall not acquire any
rights, title, or ownership to the Confidential
Information, except the limited rights to use
it as described in this Agreement. Your
obligations to maintain the confidentiality of
the Confidential Information shall continue
until the end of the Agreement.
9.3 Termination. Upon termination of
this Agreement, you must cease use of
Confidential Information and return or
destroy it. You shall not use the Confidential
Information other than in the course of the
activities permitted hereunder.
ARTICLE 10: MISCELLANEOUS
- Page 49 -Item #6.
Nothing herein shall be construed or
deemed to create a joint venture, contract of
employment, or partnership between the
parties. geothinQ reserves the right, at any
time and from time to time, to update, revise,
supplement, and otherwise modify this
Agreement and to impose new or additional
rules, policies, terms, or conditions on User’s
use of the geothinQ Property. This
Agreement, along with the EULA found on
the Website, contains the complete
expression of the agreement between the
parties with respect to the matters addressed
herein and there are no promises,
representations, or inducements except as
herein provided. geothinQ reserves the right,
at any time and from time to time, to update,
revise, supplement, and otherwise modify
this Agreement and to impose new or
additional rules, policies, terms, or
conditions on User’s use of the geothinQ
Property. Such updates, revisions,
supplements, modifications, and additional
rules, policies, terms, and conditions
(collectively, the “Additional Terms”) will
be effective immediately and incorporated
into this Agreement. User’s continued use of
the geothinQ Property following the addition
of Additional Terms will be deemed to
constitute User’s acceptance of any and all
such Additional Terms. All Additional
Terms are hereby incorporated into this
Agreement by this reference. geothinQ
reserves the right, in its sole discretion, and
from time to time, to change the format or
content of the geothinQ Property or update,
modify or enhance the geothinQ Property
whether or not such changes, updates,
modifications or enhancements would
require changes to User’s equipment or
computer systems. All terms and provisions
of this Agreement shall be binding upon and
inure to the benefit of and be enforceable by
the respective successors and permitted
assigns of the parties hereto. Failure by
geothinQ to enforce at any time or for any
period of time any provision or right
hereunder shall not constitute a waiver of
such provision or of the right of such party
thereafter to enforce each and every such
provision. This Agreement shall be governed
by and construed and enforced in accordance
with the laws of the state of Georgia.
Chatham County, Georgia, shall be the only
proper place of venue for all suits arising
from or related to this Agreement, and any
legal proceedings to enforce the provisions
hereof shall be brought in the federal or state
courts located in Chatham County, Georgia.
- Page 50 -Item #6.
Schedule A
Licensee:
City of Tybee
Licensee Address:
P.O. Box 2749
Tybee Island, GA 31328
Licensee Contact:
Peter Gulbronson
Project Description:
geothinQ Custom GIS application for City of Tybee
Package:
Savannah Metro
Savannah Metro GIS layers:
• Parcels/Ownership
o Large Land Ownership Boundaries
o Value Per Acre
o Commercial and Residential Sales
• Zoning
• Points of Interest
• National Wetlands Inventory
• Sea Level Rise and Storm Surge
• Topographic Contours
• NRCS Soils
• FEMA National Flood Hazard Layer
• Census
• USA Data
o Building Footprints
o Civic Boundaries
o Conservation Easements and Protected Areas
o EPA Facilities and Non-Attainment Areas
o Economic Opportunity Zones
o Education
o Municipal Boundaries
o Protected Areas
o Military Sites
• Transportation
- Page 51 -Item #6.
City of Tybee GIS layers:
• Savannah Area Geographic Information System Data - Tybee
o Tybee Short Term Vacation Rentals
o Facilities
o Infrastructure Operations
o Land Use Planning
o Lifeguard Stands
o Community Facilities
o Zoning
o Utilities
▪ Sewer
▪ Water
▪ Stormwater
Number of Licenses:
10 users
License Level:
Custom
Duration of License:
1 year
License Fee:
$12,000
Billing Cycle:
Annual
Notes:
geothinQ Custom annual term beginning September 1, 2020
Services shall renew automatically unless written notice to cancel
is provided prior to monthly renewal date.
geothinQ File Share document management capability
Data storage for file and document sharing up to 25 Gigabytes
(GB) is included.
Data transfer for file and document sharing up to 100 GB per
month is included.
Utility GIS layers are sourced directly from City of Tybee’s
existing GIS Inventory which originated from Coastal Regional
Commission of Georgia.
- Page 52 -Item #6.
All other City of Tybee layers will be obtained on behalf of the
City of Tybee from Savannah Area Geographic Information
System.
It is understood that the City of Tybee would like to improve the
accuracy and expand the attributes of the water, sewer and storm
utility layers. We recommend developing a field collection
workflow where City of Tybee users employ esri’s geocollector
application and a Trimble R2 unit. In this scenario, City of Tybee
users would connect directly to the geothinQ layers and create/edit
new utility features. It is also recommended that the City of Tybee
consult with Thomas & Hutton for field collection of storm sewer
system to jumpstart the effort. We also recommend digitizing
pipes between these utility features using geothinQ and
georectified City of Tybee as-builts. Georectifying existing as-
builts would require a detailed scope and fee.
- Page 53 -Item #6.
File Attachments for Item:
7. Thomas & Hutton, Professional Civil Engineering Services Contract (Collection of Sanitary
Sewer Collection System Data)
- Page 54 -Item #7.
_______ Owner’s Initials
_______ Consultant’s Initials
CITY OF TYBEE
PROFESSIONAL CIVIL ENGINEERING SERVICES
THOMAS & HUTTON CONTRACT
TASK ORDER # 20 DATE August 12, 2020
ADDENDUM TO CONTRACT NO: CITY OF TYBEE
PROFESSIONAL CIVIL ENGINEERING SERVICES
THOMAS & HUTTON CONTRACT
PROJECT: CITY OF TYBEE
SANITARY SEWER INVENTORY FY20/21
CITY OF TYBEE (Owner) and THOMAS & HUTTON ENGINEERING CO. (Consultant/Engineer) this 12TH
day of August 2020, amend their contract dated February 28, 2018, for work, materials or
services described below.
I. SCOPE OF WORK:
City of Tybee has requested a proposal from Thomas & Hutton for the collection of
sanitary sewer collection system data to provide a suitable geodatabase for future City
use. The City has requested the sanitary sewer inventory include GPS locations of
structure frames, measure downs from frame to inverts of struc ture and intersecting pipes,
pipe diameter and pipe material. The City has indicated that budget allocations have
been made for geothinQ under separate agreement. The inventory collection effort will
be linked to the City of Tybee geothinQ subscription and will enable City staff to review
progress of the data collection process. It is our understanding the City has allocated
$25,000 for the sanitary sewer structure inventory task in its 2020/2021 fiscal year budget.
Based on preliminary data provided by the City, it appears the sanitary sewer system is
estimated to have 575 manhole structures, including 9 sanitary sewer lift stations. Based
on the fee below, it is estimated that 465 structures of the 575 total structures can be
inventoried for the budget allocated, equating to approximately 80 percent of the
system.
A. Sanitary Sewer System Inventory
The Consultant will provide field personnel and equipment to collect existing
sanitary sewer system data for creation of the final existing sanitary sewer system
structure database. Field personnel will obtain information about existing sanitary
sewer system structure components, including the following attributes, as readily
accessible and visible at the time of inventory:
i. Location data using GIS mapping grade Global Positioning System
equipment;
ii. Sanitary sewer feature type (e.g. manhole, lift station, etc.);
iii. Measurements from frame to bottom of structure, inlet pipes and outlet
pipes. Frame elevations will not be obtained in this scope of work;
iv. Inlet/outlet pipe diameter, material and direction; and,
- Page 55 -Item #7.
City of Tybee
Sanitary Sewer Structure Inventory
August 12, 2020
Page 2 of 3
_______ Owner’s Initials
_______ Consultant’s Initials
v. Miscellaneous field notes and photographs.
The estimated structures to be inventoried is an estimate. The effort may be less or more,
depending on the number of structures to be inventoried, as will be determined in the
field. For this reason, we are providing a time and expense budget for this task. It would
reduce effort of the field crew, thereby increasing number of structures inventoried for the
proposed fee, if Tybee staff could accompany our field crew and open manhole covers
prior to the field crew obtaining structure data collection. Consultant will notify City staff
for assistance in accessing potentially inaccessible sanitary sewer structures.
II. FEE SUMMARY – PHASE 1
Phase Fee Structure Budget
Sanitary Sewer Structure Inventory
Existing Sanitary Sewer
Structure Inventory Time & Expense $ 25,000.00
Sub–Total Budget – ±80% Sanitary Sewer Structure Inventory $ 25,000.00
TOTAL PROJECT BUDGET - ± 80% SANITARY SEWER STRUCTURE $ 25,000.00
III. EXCLUSIONS
Items not included in the scope of services are as follows:
• Existing system modeling and report
• Field survey
• Water quality assessment or recommendations
• Capital improvement plans
• Operations & maintenance plans
• Staffing level analysis
• Design
• Permit
• Bid Phase/Process
• Archaeological survey and report
• Wetland delineation, surveys, or permits
• Geotechnical investigation or report
• Phase One or Phase Two Environmental Assessments
• Endangered species survey and report
• Interior Courtyard Design
• ADA compliance
• Off–site work unless specifically covered in the scope of services
• Approvals or permits other than those related to the scope of work covered by
this contract
• Act as an expert witness for legal activities
• Telephones, cable television, gas, and power distribution systems
- Page 56 -Item #7.
City of Tybee
Sanitary Sewer Structure Inventory
August 12, 2020
Page 3 of 3
_______ Owner’s Initials
_______ Consultant’s Initials
IV. PERIOD OF SERVICE:
Upon receipt of this executed task order from the Owner, Consultant will begin work
within seven (7) calendar days, and complete work as described above within fiscal year
2020/2021. Schedule assumes the City issuing a Notice t o Proceed no later than
September 30, 2020.
If acceptable, please indicate your authorization to proceed with this additional work by
signing and initialing where designated below and returning a copy to us for our files.
This proposal will be open for acceptance until August 30, 2020 unless changed by us in
writing. This work order is subject to the terms and conditions of the contract executed
for this project dated February 28, 2018 between the City of Tybee and Thomas & Hutton
Engineering Co.
When approved by both parties this Task Order becomes a legal document and a part
of and subject to Terms and Conditions of said Contract.
APPROVED: APPROVED:
THOMAS & HUTTON ENGINEERING CO. CITY OF TYBEE
By: By:
Mr. Kevin M. Smith, PE Mr. Shawn Gillen
Title: Principal Title: City Manager
Date: Date:
- Page 57 -Item #7.
File Attachments for Item:
8. American Tower: Request for lease adjustment
- Page 58 -Item #8.
- Page 59 -Item #8.
- Page 60 -Item #8.
File Attachments for Item:
9. Verizon: 4th Amendment to Lease Agreement
- Page 61 -Item #9.
- Page 62 -Item #9.
- Page 63 -Item #9.
- Page 64 -Item #9.
- Page 65 -Item #9.
- Page 66 -Item #9.
- Page 67 -Item #9.
- Page 68 -Item #9.
- Page 69 -Item #9.
File Attachments for Item:
10. MOU between USCG Station Tybee and Tybee Island Fire Department
- Page 70 -Item #10.
- Page 71 -Item #10.
- Page 72 -Item #10.
File Attachments for Item:
12. Second Reading, 2020-13, Disorderly Household and Administrative Fine Offenses
- Page 73 -Item #12.
ORDINANCE NO. 2020-16 A
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SECTION 22-33 ET SEQ
REGARDING DISORDERLY HOUSE NUISANCE CODE TO ESTABLISH THAT
VIOLATIONS OF ADMINISTRATIVE PENALTIES ENFORCED AS OTHERWISE
PROVIDED IN THE CODE SHALL BE APPLICABLE TO VIOLATION NOTICES FOR
PURPOSES OF THE DISORDERLY HOUSE NUISANCE ORDINANCE
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and
home rule powers; and
WHEREAS, the City of Tybee Island has previously adopted a disorderly house ordinance
number 04-2019 on May 9, 2019 codified at Section 22-33, et seq.; and
WHEREAS, the provisions of the disorderly house ordinance include penalties and
abatement of penalty provisions; and
WHEREAS, the City has also adopted an ordinance imposing administrative civil penalties
for certain offenses, to wit: ordinance 2020-3, codified as Section 43.1, through 43.3; and
WHEREAS, it is in the interest of the residents of the City of Tybee Island as well as the
interest of those engaged in the business of providing accommodations for visitors and for the
visitors that amendments to ordinances are necessary and proper;
NOW, THEREFORE, it is hereby ordained by the governing authority of the City of
Tybee Island as follows:
- Page 74 -Item #12.
SECTION I
That Code Section 22-34 Disorderly House Nuisance defined shall be amended so that it
will hereafter include a Subsection (7) to read as follows:
(7) For purposes of this Section and this Article, an administrative citation resulting in
the recipient paying a penalty as provided under Ordinance number 2020-03, Section 43.1, et seq.
as a civil penalty shall be considered a violation hereunder and specifically any provision of
Chapter 10 of the Code, Chapter 22 of the Code and/or Chapter 42 of the Code which results in an
administrative citation and a civil penalty being imposed shall be considered a violation hereunder
and potentially grounds for a determination that a location is a disorderl y house nuisance. Further,
a violation of the Noise Ordinance – Section 22 – 110, et seq. as now existing or as hereafter
amended whether as a criminal charge resulting in a finding of guilt or a guilty plea or as a Civil
Administrative Citation resulting in a finding of a violation.
SECTION II
That Ordinance 2020-03, Section 43.1(b) shall hereafter include as "other ordinances
subject to civil penalties" the following:
Offenses contained in Chapters 10, 22 and 42 of the Code of Ordinances as now existing
or as hereafter amended, and listed below shall be included as subject to civil penalties:
Chapter 10
Dogs running at large (10-2)
Animals kept in unsanitary conditions (10-3)
Animal buildings less than 25 ft. from any occupied building (10-4)
Barking, howling dogs (10-5 – Nuisances)
Animal cruelty (10-10)
Birds and Wildlife/Nuisance (10-9)
Animal neglect (10-13)
Animal tethering (10-14)
Animal unattended in parked car (10-16)
Chapter 22 Nuisances
Nuisances Declared (22-29(a)(1)-(12))
- Page 75 -Item #12.
Noises (22-112, et seq.)
Littering (22-167)
Building waste accumulation (22-169)
Weeds and other growth (22-172)
Failure to remove weeds (22-173)
Storage practices (22-192)
Chapter 42 Offenses and Miscellaneous
Damaging or defacing public property (42-1)
Glass in public areas (42-3)
Disorderly conduct (42-60)
Public nudity (42-107, 12-1 (a)(12))
Sleeping in public areas (42-63)
Littering (42-64)
Noise from vehicle (42-61)
Public fireworks (42-66)
This Ordinance shall become effective on ________ day of __________________, 2020.
ADOPTED THIS __ DAY OF ___ , 2020.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
- Page 76 -Item #12.
File Attachments for Item:
13. Second Reading: 2020-18 Mask/Face Covering Ordinance
- Page 77 -Item #13.
ORDINANCE
AN ORDINANCE BY THE MAYOR AND COUNCIL REQUIRING THE
USE OF MASKS OR
FACE COVERINGS IN PUBLIC DURING THE COVID-19 OUTBREAK
WHEREAS, the World Health Organization declared COVID-19 a worldwide pandemic as of
March 11, 2020;
WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency in
response to the outbreak of COVID-19;
WHEREAS, on March 14, 2020, Governor Brian Kemp declared that a public health emergency
exists in the State of Georgia due to the spread of COVID-19 within Georgia;
WHEREAS, a significant number of Georgia residents are at risk of serious health complications,
including death, from COVID-19;
WHEREAS, a large number of persons with serious infections can compromise the ability of the
healthcare system to deliver necessary care to the public;
WHEREAS, individuals diagnosed with COVID-19 have been known to experience long-term health
effects following recovery from acute COVID-19 symptoms;
WHEREAS, COVID-19 is a respiratory illness, transmitted through person-to-person contact or
by contact with surfaces contaminated with the virus and persons infected with COVID- 19 may
become symptomatic two to fourteen days after exposure;
WHEREAS, asymptomatic (including presymptomatic) infected persons are known to be
infectious and, without mitigation many infections occur from individuals without symptoms;
WHEREAS, respiratory droplets, including aerosols, from infected persons are a major mode of
COVID-19 transmission. This understanding is the basis of the recommendations for physical
distancing, and of the personal protective equipment guidance for healthcare workers. Droplets do
not only come from coughing or sneezing; droplets are also generated via talking and breathing;
WHEREAS, evidence indicates that the use of face coverings reduces the transmissibility per
contact by reducing transmission of infected droplets in both laboratory and clinical contexts.
Public face covering wearing is most effective at stopping the spread of the virus when compliance
is high. This evidence supports the conclusion that the adoption of more widespread face covering
requirements can help to control the COVID-19 epidemic by reducing the shedding of droplets
into the environment from asymptomatic and symptomatic individuals;
WHEREAS, evidence from the South Carolina Department of Health and Environmental Control
announced on August 12, 2020, that parts of the State of South Carolina under public mask-
wearing mandates registered a 46.3% drop in coronavirus cases in the four weeks after they were
introduced as compared to areas of the state which did not impose such mandates;
- Page 78 -Item #13.
WHEREAS, evidence from data from the State of Alabama shows a 11% drop in COVID-19
cases in the four weeks since that state’s mask mandate went into effect;
WHEREAS, according to a Vanderbilt University study, hospitals in the State of Tennessee where
at least 75% of patients came from mask-mandate counties reported hospitalizations rising by only
30% since July 1, 2020, as compared to a rise of 200% in the same time period when 75% or more
of patients came from counties without mask mandates in the State of Tennessee;
WHEREAS, the Governor also has repeatedly and strenuously urged Georgians to adopt a
practice that is simple but highly effective at preventing the spread of COVID-19: wearing a face
covering or mask when in public;
WHEREAS, specifically, Governor Kemp, through Executive Order 05.12.20.02 and subsequent
Executive Orders, has recommended that individuals wear facial coverings over the nose and
mouth to mitigate the spread of COVID-19 when they are in public places where they cannot
practice social distancing (i.e., staying at least six feet away from other individuals who do not
share the same household);
WHEREAS, in early July, Governor Kemp embarked on a statewide “Wear a Mask Tour” flying
to numerous Georgia cities to publicly emphasize the need for Georgians to wear masks;
WHEREAS, on July 6, 2020, Governor Kemp introduced the “Georgia Safety Promise,” a safety
campaign to remind Georgia businesses and the public of following COVID-19 safety guidelines,
including wearing face coverings;
WHEREAS, guidelines published by the U.S. Centers for Disease Control (CDC) recommend that
all people wear cloth face coverings in public settings where other physical distancing measures may
be difficult to maintain. The CDC also advises the use of simple cloth face coverings to slow the
spread of the virus and help people who may have the virus and do not know it from transmitting it
to others;
WHEREAS, the White House Coronavirus Task Force has repeatedly called for the wearing of
masks to be mandatory in the State of Georgia;
WHEREAS, decreased transmissibility due to face covering use could substantially reduce the
number of illnesses, hospitalization, and deaths and reduce the negative economic impact of the
COVID-19 pandemic and the cost of the intervention of mandating the wearing of masks is
extremely low;
WHEREAS, O.C.G.A. § 38-3-28(a) grants political subdivisions the power to supplement the
Governor’s Executive Orders so long as such actions are consistent with the Governor’s Orders;
WHEREAS, this Ordinance is intended to be entered with due regard to the widely accepted,
scientifically proven uniform principle that masks or facial coverings will slow the spread of
COVID-19;
WHEREAS, pursuant to O.C.G.A. § 38-3-51, the Governor’s declared public health emergency
authorizes the City Commission to use emergency powers in O.C.G.A. §§ 38-3-1 through 38-3-64;
- Page 79 -Item #13.
WHEREAS, pursuant to O.C.G.A. § 38-3-6, during an emergency, O.C.G.A. §§ 38-3-1 through
38-3-64 are supposed to be liberally construed to effectuate their purposes;
WHEREAS, on August 15, 2020, Governor Kemp issued Executive Order 08.15.20.01 which
specifically offers guidelines for local government mask mandates;
WHEREAS, the United States Supreme Court has previously held that “[u]pon the principle of
self-defense, of paramount necessity, a community has the right to protect itself against an
epidemic of disease which threatens the safety of its members;”
WHEREAS, the following actions related to requiring facial coverings in public are necessary and
appropriate to balance the public’s interest in not being unduly burdened with the compelling
public interest of providing for the health, safety and welfare of the residents of the City;
WHEREAS, the goal of this Ordinance is to increase the usage of facial coverings and masks and
not revenue generation; and
NOW, THEREFORE, BE IT ORDAINED that for the protection of members of the public,
facial coverings or masks shall be required within the City to slow the spread of COVID-19 as
follows:
SECTION 1.
(a) The provisions of this Ordinance shall only be enforced in the portions of the city that are
located in a county in which the prevalence of confirmed cases of COVID-19 over the
previous fourteen (14) days is equal to or greater than one hundred (100) cases per one
hundred thousand (100,000) people according to the Georgia Department of Public Health.
(b) For purposes of this Ordinance, the following terms are hereby defined as follows:
(1) Entity means any private business, establishment, corporation, non-profit
corporation, or organization, including the curtilage thereof.
(2) Facial covering or mask means a device to cover the nose and mouth of a person
and impedes the spread of saliva, respiratory droplets, or other fluids during
speaking, coughing, sneezing or other intentional or involuntary action. Medical
grade masks are not required; coverings may be fashioned as advised by the CDC
and from other suitable fabrics. The mask must cover the mouth and nose of the
wearer.
(3) Polling place means the room provided in each precinct for voting at a primary or
election.
(4) Public place means any place other than a personal vehicle, residential property, or
an entity including the curtilage thereof.
(c) Except as otherwise provided in this Ordinance all persons in an entity or a public place
shall wear a facial covering or mask over the mouth and nose at all times where other
physical distancing measure may be difficult to maintain from non-cohabitating persons.
- Page 80 -Item #13.
(d) Facial coverings or masks are not required in the following circumstances:
(1) In personal vehicles or upon residential property;
(2) When a person is alone in enclosed spaces or only with other household members;
(3) When the individual has a bona fide religious objection to wearing a facial covering
or mask;
(4) While drinking or eating;
(5) When a licensed healthcare provider has determined that wearing a facial covering
or mask causes or aggravates a health condition for the individual or when such
person has a bona fide medical reason for not wearing a facial covering or mask;
(6) When wearing a facial covering or mask would prevent the receipt of personal
services or performing work in the course of employment;
(7) When complying with the directions of a law enforcement officer or for the
purposes of verifying a person’s identity, such as when purchasing alcohol, tobacco,
or prescription drugs or when engaging in a financial transaction;
(8) Children under the age of ten (10) years;
(9) When the individual is having difficulty donning or removing a face mask or face
covering without assistance;
(10) At any polling place and no individual shall be denied ingress or egress to or from a
polling place for failure to wear a facial covering or mask; and
(11) When outdoors and maintaining social distancing from anyone other than
individuals with whom they cohabitate.
(e) (1) Every entity subject to this Ordinance which does not consent to enforcement of this
Ordinance upon its property shall post a clearly legible sign in one inch Arial font at
all public entrances of such entity stating the following: “This location does not
consent to enforcement of any local face covering requirement upon this property.”
(2) If an entity does not post the signage described in subparagraph (1) of this paragraph
it shall be conclusively presumed to have consented to enforcement of this
Ordinance on its property and failures by individuals to wear facial coverings or
masks as required by this ordinance shall be determined to be violations and
enforced as contemplated in paragraph (f).
(f) Violations of this Section 1 may be enforced by a notice of ordinance violation issued by
any police officer, code enforcement officer, or other authorized law enforcement official,
as provided below:
- Page 81 -Item #13.
(1) A person who fails to comply with paragraph (c) of Section 1 of this Ordinance shall
be first given a warning and an opportunity to put on a facial covering or mask,
leave the entity, or comply with one of the exceptions in paragraph (d) of Section 1.
(2) If the person violating this Ordinance refuses or fails to comply with this Ordinance
after being given a warning pursuant to subparagraph (1) of this paragraph then such
person may be subject to a civil penalty of not more than $25.00 on the first offense
and not more than $50.00 on the second and any subsequent offenses.
(3) A notice of violation may be served by delivery into the hands of the suspected
violator or by other reasonable process for serving notice of ordinance violations
used by the City.
(4) Violations of this ordinance shall not be enforced against any entity and shall not be
taken against any owner, director, officer, or agent of an entity for the failure of
their customers to comply with this ordinance.
(5) Notwithstanding the foregoing, every effort shall be made to bring an individual into
voluntary compliance with the terms of this Ordinance prior to issuance of any
notice of violation, including providing complimentary masks, explaining the
importance of wearing facial coverings during this pandemic, and issuing verbal and
written warnings.
(g) In all locations where facial coverings or masks are not required to be worn pursuant to this
Ordinance, they are strongly encouraged to be worn.
SECTION 2.
This Ordinance shall be effective immediately and shall remain in effect until revised or repealed
by further action of the Mayor and Council.
SECTION 3.
Should any provision, paragraph, sentence, or word of this Ordinance be rendered or declared
invalid by any final court of competent jurisdiction, the remaining provisions, paragraphs,
sentences, or words of this Ordinance shall remain in full force and effect.
SECTION 4.
Should any ordinance or part thereof be found to conflict with this ordinance or the provisio ns
thereof, then those sections contained herein shall be deemed controlling.
SECTION 5.
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee
- Page 82 -Item #13.
Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention, however, this ordinance, being temporary and emergency in nature and directed to a
specific virus, need not be codified permanently but is of full force and effect until no longer in
force.
SECTION 6.
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
SO ORDAINED, this ________ day of _______________________, 2020.
MAYOR AND COUNCIL
CITY OF TYBEE ISLAND, GEORGIA
Mayor
ATTEST:
City Clerk
Approved as to Form:
City Attorney
- Page 83 -Item #13.
File Attachments for Item:
15. Monty Parks: Increase in Annual Liquor License Renewal Fees
- Page 84 -Item #15.
Municipality Renewal Amount
Clayton County $4,000
Dekalb $6,000
Johns Creek $4,750
Atlanta $5,000
Duluth $3,500
Savannah $3075 plus fees
Athens $5,140
Macon $3,600
- Page 85 -Item #15.
File Attachments for Item:
16. Shawn Gillen: Retirement Incentive
- Page 86 -Item #16.
Retirees
Salary Savings as
of Oct 31, 2020 Incentive COBRA EMP
Total Incentive
Package
Fund 100
Bryson 93,849 10,000 12,150 22,150
Carpenter 73,926 10,000 12,150 22,150
Elliott 64,963 10,000 12,150 22,150
LeViner 51,242 10,000 12,150 22,150
Moseley 74,911 10,000 12,150 22,150
Ryerson 49,740 10,000 12,150 22,150
Shaver 31,762 10,000 12,150 22,150
Wells 51,198 10,000 12,150 22,150
Total 491,591 80,000 97,200 177,200
Fund 215
George 48,845 10,000 12,150 22,150
M Smith 38,321 10,000 12,150 22,150
Total 87,166 20,000 24,300 44,300
Fund 505
Dowell 54,105 10,000 12,150 22,150
Total 54,105 10,000 12,150 22,150
Total Savings 100 Fund:314,391
Total Savings 215 Fund:42,866
Total Savings 2505 Fund:31,955
Total Savings:389,212
- Page 87 -Item #16.
MAYOR
Shirley Sessions
CITY COUNCIL
Barry Brown
John Branigin
Jay Burke
Nancy DeVetter
Michael ‘Spec’ Hosti
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CITY CLERK
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
MEMORANDUM
To: Mayor Sessions and the Tybee Island City Council
From: City Manager Shawn Gillen
Date: August 8th, 2020
Subject: Early Retirement Proposal
The following is an explanation of a proposed early retirement program. The proposal is to use the Rule of 75 combined
with a cash payout. Early retirement through our pension would require us to ask GMA to allow this to occur. It would
work as follows.
To meet the “Rule of 75” an employee’s years of service plus their age must be equal to or greater than 75. For example if
an employee is 55 years old and has 20 years of service (55 + 20 = 75), then the employee qualifies for early retirement.
Currently, if an employee retires before they are 65 years old (55 for Police), they do not receive the full monthly benefit
that they would receive if they retired after 65 (55 for Police). Under the “Early Retirement” scenario the employee would
receive the full monthly benefit as long as their age and years of service total 75.
The second piece of this proposal is a cash payout to incentivize people to take the offer. The cash payout proposed is
$10,000 per employee. There are five employees who are currently eligible to retire and six employees who would be
eligible under the Rule of 75. The total potential upfront cost for this proposal is $110,000.
The $10,000 number was derived from the benefit differential between the tiers of the pension system. For example, if an
employee retires with ten years of service, let’s say the monthly pension is $1,500. If that same employee retires at 20
years of service, the monthly benefit is $3000. If this employee has 26 years of service he/she may want to work another
four years so as to receive the increased benefit for the remainder of their life.
To come up with the cash payout number I calculated the present value of ten years of the differential between the benefit
levels. Using an 8% discount rate in the calculation the PV ranges from $25,000 to $50,000. I then set the cash payout
based on a percentage of the present value that resulted in a total up-front cost to the city that could be recaptured in a
short amount of time through leaving positions vacant. That number was about 30% of the average present value of the
differential benefit. This number could be increased or decreased depending on our opinion of the likelihood that it would
attract some takers.
- Page 88 -Item #16.
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Additionally, we will offer one year of COBRA health insurance premiums for single coverage. The cost of this incentive
is $12,150 per employee or $97,000 for the year.
The total cost of the early retirement incentive is $243,650. The total savings from the vacant positions from October to
the end of the fiscal year is $389,212. There is a net savings in the current fiscal year with the potential savings of
$389,212 in the following fiscal year, if we determine we need to reduce the budget due to the pandemic.
The next question we need answer is why we are doing this. Why should we make an investment of $243,650110,000 so
some of our longest tenured employees would leave our employment? The answer lies in the dynamic situation we are
currently in due to the pandemic. We do not know where this pandemic is going or when it will end. There is a chance
that we could go on full lockdown again for the end of the fiscal year, which would devastate our revenue stream. We
were able to survive the shortfall this year, but we were operating on a much leaner general fund budget with little to no
capital projects that could be deferred. Thus, we need a way to reduce costs. We will not have time to set up this process
and get enough months of vacancy in the positions once the crisis is upon us.
An early retirement incentive positions us so well because if enough people take it, we can leave positions vacant for
however long we can or want to. This will create a budgetary surplus that will be there if and when we need it. The
alternative to this is to do a reduction in force (RIF) when we get to a crisis point. By doing a voluntary early retirement
plan we create the needed budgetary reductions without creating panic among the staff wondering who will be let go and
who won’t during a crisis. Hopefully we will be through the pandemic and past the risk to our revenues by the end of the
current fiscal year. I think it would be prudent to position ourselves to respond a crisis and then shift gears once the
pandemic has passed.
Early retirement incentives are hard not only because of the cost but also because of the hit we will take to the institution al
knowledge of the organization. Although it will be a challenge I think we can survive the loss. We have been building a
very strong leadership team and expanding our staff knowledge. We have been working through succession planning and
have a lot of depth in each of our departments.
The Council is being asked to approve moving forward with the early retirement offer with the $10,000 cash payout, the
payment of one year of COBRA health insurance premiums for single coverage, and for the implementation to be
completed as soon as possible.
- Page 89 -Item #16.
MAYOR
Shirley Sessions
CITY COUNCIL
Barry Brown
John Branigin
Jay Burke
Nancy DeVetter
Michael ‘Spec’ Hosti
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CITY CLERK
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
MEMORANDUM
To: Mayor Sessions and the Tybee Island City Council
From: City Manager Shawn Gillen
Date: Sept. 3rd, 2020
Subject: Early Retirement Proposal
The retirement incentive program proposed at the last City Council Meeting consists of two parts. Part one is “Early
Retirement.” This requires a change to the plan that will be drafted by GMA. The change allows for the ‘Rule of 75’ for early
retirement. The second part is a financial incentive to encourage people to retire. The financial incentive is outlined in the
attached memorandum. This is done separately from the early retirement because it is not part of the retirement system. Once
approved by the council, those employees who are currently able to retire can accept the offer. Staff recommend that the offer
be open to employees from the date of approval by council until the end of the forty-five day early retirement window. The
forty-five day period is set by GMA and begins upon approval of the early retirement
incentive.
- Page 90 -Item #16.
File Attachments for Item:
18. Planning Commission Minutes, August 17, 2020
- Page 91 -Item #18.
PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Charles Matlock COMMUNITY DEVELOPMENT DIRECTOR
Elaine T. McGruder George Shaw
David McNaughton
J. Whitley Reynolds CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting
MINUTES
August 17, 2020
Chair Bishop called the August 17, 2020 Tybee Island Planning Commission meeting to order. Commissioners
present were Charles Matlock, Elaine T. McGruder, J. Whitley Reynolds, Alan Robertson and David
McNaughton. Vice Chair Ron Bossick was absent.
Consideration of Minutes:
Chair Demery Bishop asked for consideration of the July 20, 2020 minutes. Commissioner Alan Robertson
made a motion to approve. Commissioner Charles Matlock seconded. The vote to approve was unanimous.
Disclosures/Recusals:
Chair Demery Bishop asked if there were any Disclosures or Recusals. Commissioner J. Whitley Reynolds
disclosed he did the original survey for item one. Chair Demery Bishop disclosed in the past he had a real-estate
transaction with the owner from item one.
Old Business:
Commissioner Charles Matlock asked for an overview of how the short term rental working group was coming
along. Chair Demery Bishop stated they have discussed having adequate short term vacation rental data of
which the City is attempting to address and bring that to an RFP company to track and oversee. They also
recommended some changes to the nuisance ordinance and asked that they go forward with that. He also stated
that the notes are posted on the website. Every recommendation will be submitted as they finish to avoid having
to many at one time to send to City Council.
New Business:
Variance: requesting setback encroachment – 409 Tybrisa Street – 4000812010 – Zone R-2 – Paul
Murach.
George Shaw stated the applicant had a home and pool built at the same time and during the
construction of the pool there were some problems with soils and the contractor moved the pool further
toward the property line and it is now in the setback. This is why staff had applicant request the
variance. Staff cannot support a pool so denial is recommended. Commissioner David McNaughton
asked was this discovered in the as-built survey and has the pool contractor built on Tybee before.
George Shaw stated yes on both. Commissioner David McNaughton also asked if the pool contractor
was sighted or fined. George Shaw stated no they have not been sighted. Paul Murach who owns at
409 Tybrisa Street approached the Planning Commission and stated he would like to give a packet to the
commission members and handed them out. He then stated that neither he nor any of the contractors did
willfully intend to break the City setback ordinance. He stated he only became aware of setback
encroachment on the as- built dated July 22, 2020. He also stated that his neighbor on the side of the
- Page 92 -Item #18.
pool has no problem with it being there. Commissioner David McNaughton asked if the property is for
sale. Mr. Murach stated yes. Commissioner Alan Robertson made a motion to approve with a
recommendation to discipline the building contractor and the pool contractor with a financial penalty of
up to 1,000.00. Commissioner J. Whitley Reynolds seconded. The vote was 3 for the motion,
Commissioners David McNaughton, J. Whitley Reynolds and Alan Robertson and 2 against the
motion Commissioners Charles Matlock and Elaine McGruder. The vote to approve passed.
Sit Plan: requesting office and warehouse expansion – 201 McKenzie Ave. – 4002602011 - Zone C-
2 – 201 McKenzie St. LLC.
George Shaw stated the applicant would like to add warehouse space and add an office. The City gave
the applicant permission to access the property through this unopened right of way and to make
improvements to it. Also the City will not be maintaining the right of way. Staff does not recommend
approval for the chain link fence but does recommend approval for the improvements. Commissioner
David McNaughton asked if they should have a vegetation buffer on the far side of Laurel Lane.
George Shaw stated yes they will have to have one and he noticed there is not one on the site plan at all,
which will make it incomplete. Commissioner Elaine McGruder made a motion to continue till the
September Planning Commission meeting to give the applicant time to update and complete the site
plan. Commissioner Alan Robertson seconded. The vote to continue was unanimous.
Discussions:
Commissioner Alan Robertson asked that we bring back the waved fees for pedestrian dune crossover
applications. The dunes have been built since April and we should make a recommendation to City Council to
end that process.
Adjournment: 8:12pm
Lisa L. Schaaf
- Page 93 -Item #18.