HomeMy Public PortalAbout20200910AmendedPacket.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: Rev. June Johnson, All Saints Episcopal Church
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
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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, 2020-19, Mask/Face Covering in City Buildings Operated by the City
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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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 5 -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
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PAGE 1 OF 9
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 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;; and/or (iv) 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: General Manager Title: ______________________________
Date: 27 August 2020 Date: __________________________
- Page 43 -Item #6.
SOFTWARE LICENSE AGREEMENT
PAGE 2 OF 9
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 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
- Page 44 -Item #6.
SOFTWARE LICENSE AGREEMENT
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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”). Notice shall be provided in written
form including but not limited to email. Unless
otherwise set forth in the applicable
Statement of 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,
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SOFTWARE LICENSE AGREEMENT
PAGE 4 OF 9
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. User shall be provided a 15 day
period to cure any breach, including non -
payment. If the breach is not cured within the
allotted 15 day period, geothinQ reserves the
right to withhold or remove Your Data with 5 days
notice.
In the event of an alleged breach by Licensee
which is contested by Licensee, no Licensee Data
will be withheld or removed from Licensee until
the dispute is resolved. Disputes hereunder shall
be mediated in good faith within 10 business days
of the notice of dispute by Licensee to geothinQ
and the parties shall agree on a mediator. In the
event the parties are unable to agree on a
mediator, the parties agree to mediate using a
mediator on the list of mediators for Chatham
County Courts as designated by either party to
first designate a mediator from the list..
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 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
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SOFTWARE LICENSE AGREEMENT
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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. In the event that the
geothinQ Property is inaccessible, geothinQ
will return a pro-rated amount of licensing fee
to the User based on the inaccessible time.
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.
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,
user shall be provided a 15 day period to cure
the default. If the default is not cured within
the allotted 15 day period, 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 for convenience by
providing geothinQ fifteen (15) days prior
notice.
ARTICLE 8: INDEMNITY
geothinQ, nor the User shall be obligated to
defend, indemnify, and hold harmless the other
party, other party’s 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
- Page 47 -Item #6.
SOFTWARE LICENSE AGREEMENT
PAGE 6 OF 9
usernames, passwords, or registration
information received from geothinQ.
9.2 Obligation of Confidence. Except as required
by law, 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
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 upon written agreement by the
User. If the User does not agree to the new
agreement, geothinQ shall have the right to
terminate this agreement. 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.
Notwithstanding any other provisions herein or in
the EULA, in the event of any inconsistency with
the terms of this agreement and the EULA , the
terms of this agreement shall control.
- Page 48 -Item #6.
SOFTWARE LICENSE AGREEMENT
PAGE 7 OF 9
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
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
Savannah Metro GIS layers:
Parcels/Ownership
o Large Land Ownership Boundaries
o Value Per Acre
o Commercial and Residential Sales
o Vacant Land/Vacant Land Transactions
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
- Page 49 -Item #6.
SOFTWARE LICENSE AGREEMENT
PAGE 8 OF 9
o Education
o Municipal Boundaries
o Protected Areas
o Military Sites
Transportation
o Major Roads
o Ports and Airports
o Traffic Counts
Number of Licenses: Up to 10 Users
License Level: Custom
Duration of License: 1 year
License Start Date: September 1, 2020
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.
All other City of Tybee layers will be obtained on behalf of the City of Tybee from
Savannah Area Geographic Information System.
geothinQ Recommendations to the City of Tybee: 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 50 -Item #6.
SOFTWARE LICENSE AGREEMENT
PAGE 9 OF 9
- Page 51 -Item #6.
CONTRACTOR AFFIDAVIT
Contractor Affidavit under O.C.G.A. § 13-10-91(b)(3)
By executing this affidavit, the undersigned contractor verifies its compliance
with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation
which is engaged in the physical performance of services under a contract with the City
of Tybee Island, Georgia has registered with, is authorized to use and uses the federal
work authorization program commonly known as E-Verify, or any subsequent
replacement program, in accordance with the applicable provisions and deadlines
established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will
continue to use the federal work authorization program throughout the contract period
and the undersigned contractor will contract for the physical performance of services in
satisfaction of such contract only with subcontractors who present an affidavit to the
contractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the
undersigned contractor will forward notice of the receipt of an affidavit from a
subcontractor to the City of Tybee Island within five business days of receipt. If the
undersigned contractor receives notice of receipt of an affidavit from any sub-
subcontractor that has contracted with a subcontractor to forward, within five business
days of receipt, a copy of such notice to the City of Tybee Island. Contractor hereby
attests that its federal work authorization user identification number and date of
authorization are as follows:
_________________________________
Federal Work Authorization User Identification Number
_________________________________
Date of Authorization
_________________________________
Name of Subcontractor
_________________________________
Name of Project
_________________________________
Name of Public Employer
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on ______, ___, 201__ in _____(city), ______(state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ______ DAY OF ______________,201__.
_________________________________
NOTARY PUBLIC
My Commission Expires:
_________________________________
- Page 52 -Item #6.
SAVE AFFIDAVIT
O.C.G.A. § 50-36-1(e)(2) Affidavit
By executing this affidavit under oath, as an applicant for a(n) ____________________
contract for a public benefit as referenced in O.C.G.A. § 50-36-1, from the City of Tybee
Island, Georgia, the undersigned applicant verifies one of the following with respect to
my application for a public benefit:
1) _________ I am a United States citizen.
2) _________ I am a legal permanent resident of the United States.
3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and
Nationality Act with an alien number issued by the Department of
Homeland Security or other federal immigration agency.
My alien number issued by the Department of Homeland Security or other
federal immigration agency is:____________________.
The undersigned applicant also hereby verifies that he or she is 18 years of age or older
and has provided at least one secure and verifiable document, as required by O.C.G.A.
§ 50-36-1(e)(1), with this affidavit.
The secure and verifiable document provided with this affidavit can best be classified as:
_______________________________________________________________________.
In making the above representation under oath, I understand that any person who
knowingly and willfully makes a false, fictitious, or fraudulent statement or
representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and
face criminal penalties as allowed by such criminal statute.
Executed in ___________________ (city), __________________(state).
____________________________________
Signature of Applicant
____________________________________
Printed Name of Applicant
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
___ DAY OF ___________, 20____
_________________________
NOTARY PUBLIC
My Commission Expires:
- 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, 2020-19, Mask/Face Covering in City Buildings Operated by the City
- Page 77 -Item #13.
ORDINANCE
AN ORDINANCE BY THE MAYOR AND COUNCIL REQUIRING
THE USE OF MASKS OR
FACE COVERINGS IN PROPERTY OWNED AND OCCUPIED BY
THE CITY FOR MUNICIPAL AND RECREATIONAL, PURPOSES
DURING THE COVID-19 OUTBREAK
WHEREAS, the novel coronavirus, an infectious virus known to cause the respiratory
disease “COVID-19” can spread from person to person, and can result in no symptoms,
minor symptoms, or serious illness causing permanent organ damage and death;
WHEREAS, individuals age 65 or over or living with certain medical conditions identified
by the CDC (members of Vulnerable Populations) and members of other populations
identified by the CDC (“Other Populations at Risk”) are at risk of severe and lasting harm
to health or death from COVID-19;
WHEREAS, COVID-19 also has been reported to cause severe and permanent damage to
some children;
WHEREAS, on March 14, 2020, Governor Brian Kemp declared a Public Health State of
Emergency in Georgia, and renewed this declaration multiple times to present date;
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) has noted that
COVID-19 spreads very easily and sustainably when an infected person (who may have
no symptoms at all, or minor symptoms) talks, sneezes, or coughs in close proximity with
others (within six feet);
WHEREAS, the Governor’s Executive Orders require Vulnerable Populations to continue
to shelter in place, with exceptions that include participating in essential services and
working;
WHEREAS, many City employees and many members of the public who visit City Hall
and other City buildings may be members of Vulnerable Populations;
WHEREAS, some City employees and many members of the public who visit City Hall
and other City properties are members of the following “Other Populations at Risk”
identified by the CDC: pregnant women, individuals experiencing homelessness, people
with disabilities, and racial and ethnic minorities;
WHEREAS, the Mayor and Council desire to protect individuals in said Vulnerable
Populations and Other Populations at Risk, in a reasonable manner and as recommended
by the CDC and by the Georgia Department of Public Health, while such individuals are
working in, conducting business in, or visiting City Hall and other City buildings;
- Page 78 -Item #13.
WHEREAS, the CDC, Dr. Kathleen Toomey (Georgia’s Commissioner of Public Health),
and Governor Kemp recommend that individuals wear face 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., stay at least six feet away from other individuals who
do not share the same household); and
WHEREAS, the CDC states that wearing a face covering over the nose and mouth is a
recommended precaution designed to prevent symptomatic and asymptomatic individuals
who have contracted COVID-19 from spreading it to other individuals; and
WHEREAS, to be an effective precaution, it is necessary to require all City employees
and members of the public to wear a face covering over the nose and mouth while in public
areas in City buildings and while meeting in City buildings; and
WHEREAS Dr. Toomey and Governor Kemp have modeled the behavior of wearing face
coverings as examples for Georgians to follow; and
WHEREAS, having City Hall and other City offices open and accessible to the public as
necessary to conduct in-person business that cannot be conducted by other means is
important for the economic vitality of the City;
WHEREAS, certain activities, such as discussing and reviewing construction and other
permits, benefit from or require face-to-face interactions between City employees and other
individuals;
WHEREAS, if a City employee is exposed to the novel coronavirus, by an individual
visiting a City building or otherwise, in accordance with CDC guidance such employee
will need to quarantine at home for at least 14 days;
WHEREAS, if a City employee is diagnosed with COVID -19 or develops COVID-19
symptoms, such employee will be required to isolate at home in accordance with CDC
guidance;
WHEREAS, O.C.G.A. §36-35-3 allows city governments to establish rules for use of and
access to its own property for which no provision has been made by general law and which
are not inconsistent with the Constitution or any charter provision applicable thereto;
WHEREAS, the City is authorized to establish policies for how the public can access City
buildings during the Public Health State of Emergency and thereafter, including closing
City buildings, or opening City buildings to the public but placing restrictions on public
access; and
WHEREAS, the City has made and continues to make efforts to reduce the need for
members of the public to physically visit City Hall and other City buildings to interact with
City employees, pay bills, and conduct other business with the City;
- Page 79 -Item #13.
WHEREAS, the City intends to assist its employees and the public with mitigating the
spread of COVID-19 in City buildings by providing hand sanitizer, designating an entrance
door and an exit door, disinfecting common surfaces regularly, prohibiting handshaking,
and encouraging social distancing of non-cohabitating persons, as well as other mitigating
measures;
WHEREAS, despite these precautions, the City recognizes that it is not always possible
to ensure social distancing within the City buildings; and
WHEREAS, the following actions are necessary and appropriate to balance the public’s
interest in having access to City buildings for the conduct of business and other purposes
with the compelling public interest of providing for the health, safety and welfare of the
City’s employees and individuals who visit City Hall and other City buildings and
preventing an outbreak of COVID-19 in the City and the surrounding community.
NOW THEREFORE it is hereby ordained, by the governing authority of the City of
Tybee Island that for the protection of members of the public and other City employees,
including members of Vulnerable Populations and members of Other Populations at Risk,
City employees are required to wear face coverings over the nose and mouth, which face
coverings are cloth face coverings as defined by the CDC or are face coverings designed
to protect others from infection by the wearer, when in public areas of City buildings and
when participating in physical meetings with other individuals within non-public areas of
City buildings.
BE IT FURTHER ORDAINED, that for the protection of members of the public and City
employees, including members of Vulnerable Populations and members of Other
Populations at Risk, members of the public are required to wear face coverings over the
nose and mouth, which face coverings are cloth face coverings as defined by the CDC or
are face coverings designed to protect others from infection by the wearer, when entering
and while inside City buildings except as expressly stated in a separate policy, order or
law, if any, that applies to certain uses of portions of City buildings, such as courtrooms
and polling locations.
BE IT FURTHER ORDAINED, that the City will communicate ways to perform city
business that do not require entry into a City building.
BE IT FURTHER ORDAINED, for City business that must be done in person, the City
will take reasonable steps to provide such in-person service to members of the public who
affirm they cannot wear a face covering because they are physically unable to remove such
a face covering, have trouble breathing, or must be accompanied by children under age
two.
BE IT FURTHER ORDAINED, that the City will communicate the types of acceptable
face coverings required for entry into City buildings and instructions by the CDC about
how to make such face coverings easily and inexpensively.
- Page 80 -Item #13.
BE IT FURTHER ORDAINED, that the City will display information from the CDC
explaining or illustrating the proper way to wear and remove face coverings.
BE IT FURTHER ORDAINED, that the City will attempt to provide face coverings to
individuals visiting City buildings who do not otherwise have a face covering that meets
these requirements.
BE IT FURTHER ORDAINED, that this ordinance is effective and fully enforceable,
however, since it is temporary and emergency in nature and directed to a specific virus, it
need not be codified permanently but is of full force and effect until no longer in force.
SO ORDAINED, this ________ day of _______________________, 2020.
MAYOR AND COUNCIL
CITY OF TYBEE ISLAND, GEORGIA
Mayor
ATTEST:
City Clerk
- Page 81 -Item #13.
File Attachments for Item:
15. Monty Parks: Increase in Annual Liquor License Renewal Fees
- Page 82 -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 83 -Item #15.
File Attachments for Item:
16. Shawn Gillen: Retirement Incentive
- Page 84 -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 85 -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 86 -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 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: 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 88 -Item #16.
File Attachments for Item:
18. Planning Commission Minutes, August 17, 2020
- Page 89 -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 90 -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 91 -Item #18.