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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 - Page 1 - 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.” - Page 2 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org - Page 3 - File Attachments for Item: 2. Minutes, City Council Meeting, August 27, 2020 - Page 4 -Item #2. 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. - Page 5 -Item #2. 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 - Page 7 -Item #2. - Page 8 -Item #2. - Page 9 -Item #2. - Page 10 -Item #2. - Page 11 -Item #2. - Page 12 -Item #2. - Page 13 -Item #2. File Attachments for Item: 4. Variance: requesting setback encroachment – 409 Tybrisa Street – 4000812010 – Zone R-2 – Paul Murach. - Page 14 -Item #4. - Page 15 -Item #4. - Page 16 -Item #4. - Page 17 -Item #4. - Page 18 -Item #4. - Page 19 -Item #4. - Page 20 -Item #4. - Page 21 -Item #4. - Page 22 -Item #4. - Page 23 -Item #4. - Page 24 -Item #4. - Page 25 -Item #4. - Page 26 -Item #4. - Page 27 -Item #4. - Page 28 -Item #4. - Page 29 -Item #4. - Page 30 -Item #4. - Page 31 -Item #4. - Page 32 -Item #4. - Page 33 -Item #4. - Page 34 -Item #4. - Page 35 -Item #4. - Page 36 -Item #4. - Page 37 -Item #4. - Page 38 -Item #4. - Page 39 -Item #4. - Page 40 -Item #4. - Page 41 -Item #4. - Page 42 -Item #4. File Attachments for Item: 6. Software License Agreement: Thomas and Hutton Corporation dba geothinQ: DOCUMENTS PENDING - Page 43 -Item #6. 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: ______________________________ - Page 44 -Item #6. 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 - Page 45 -Item #6. 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 - Page 46 -Item #6. 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 - Page 47 -Item #6. 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.