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HomeMy Public PortalAbout20200924Packet_Redacted.pdfMAYOR Shirley Sessions CITY COUNCIL Barry Brown, Mayor Pro Tem John Branigin Jay Burke Nancy DeVetter Spec Hosti Monty Parks CITY OF TYBEE ISLAND CITY MANAGER Dr. Shawn Gillen CLERK OF COUNCIL Jan LeViner CITY ATTORNEY Edward M. Hughes AGENDA REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL September 24, 2020 at 6:30 PM Please silence all cell phones during Council Meetings Consideration of Items for Consent Agenda 6:30PM Opening Ceremonies Call to Order Invocation Pledge of Allegiance Announcements Recognitions and Proclamations 1. Recognition: Department of Natural Resources 2. Recognition: Ga State Patrol Consideration of the approval of the minutes of the meetings of the Tybee island City Council 3. Minutes, City Council Meeting September 10, 2020 If there is anyone wishing to speak to anything on the agenda other than the Public Hearings, please come forward. Consideration of Approval of Consent Agenda Consideration of Bids, Contracts, Agreements and Expenditures 4. Agreement: City of Tybee Island and GMA: Telecommunications and Right of Way Management Consideration of Ordinances, Resolutions 5. Resolution: HB 1203 Repealing Parts of Citizen Arrest Powers Council, Officials and City Attorney Considerations and Comments 6. Bubba Hughes: Ante Litem: Michael Lucas, Kathleen Flynn and other Similarly Situated Persons P.O. Box 2749 — 403 Butler Avenue, Tybee Island Georgia 31328-2749 (866) 786-4573 — FAX (866) 786-5737g **Certified* www.cityoftybee.org .1 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:OOPM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk's office at City Hall and at www.citvoftvbee.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 411 "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." P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328-2749 ** * ** (866) 786-4573 — FAX (866) 786-5737 * Certified www.cityoftybee.org File Attachments for Item: Recognition: Department of Natural Resources Item #1. - Page 3 - RANK NAME Captain Chris Sergeant Mark Sergeant Cindy Corporal Barry Corporal Kiel Corporal Rtandy Corporal Bobby Corporal Tim GWFC Douglas GWFC Tim GWFC Judd GW Quintin GW Chandler GW Bobby GW Cassidy LT Colonel Chris Major Billy Captain Chad Captain Thornell LT. Chris S/TPR Quincy SFC John SGT Dustin CPL Jamie TFC Adam TFC Richard TFC Erik TFC Zachary TFC Caleb TFC Dante SFC Chris SGT Richard CPL Joseph TFC Jon TFC Kane TFC Hunter TFC Steven TFC Matthew TFC Daniel TFC Zachary TFC Adam TFC Glen TFC Hunter TFC Joshua Jamey Captain Blair LAST NAME Hodge Carson Miller Britt Toney Aspinwall White Hutto Chambers Morris Sears Reed Hamrick Sanders Gerstorff Wright Hitchens Riner King Rodewolt Melvin Crews Stone Quinn Denton Bell Lawrence Parker Wickstrom Williams Nease Sikes Curlee Champion Smith Waters Harris Nelson Chernich Montano Massey Walters Oglesby Janufka Holloway Hanton DEPARTMENT Department of Natural Resources Department of Natural Resources Department of Natural Resources Department of Natural Resources Department of Natural Resources Department of Natural Resources Department of Natural Resources Department of Natural Resources Department of Natural Resources Department of Natural Resources Department of Natural Resources Department of Natural Resources Department of Natural Resources Department of Natural Resources Department of Natural Resources Headquarters, GaSP Headquarters, GaSP Headquarters, GaSP Troop 1 Command, GaSP #19 Troop 1 Command, GaSP #52 Troop 1 Command, GsSP #P11 Nighthawks South, GaSP #395 Nighthawks South, GaSP #168 Nighthawks South, GaSP #430 Nighthawks South, GaSP #435 Nighthawks South, GaSP #529 Nighthawks South, GaSP #611 Nighthawks South, GaSP #899 Nighthawks South, GaSP #907 Nighthawks South, GaSP #911 Post 42, Rincon, GaSP #642 Post 42, Rincon, GaSP #605 Post 42, Rincon, GaSP #504 Post 42, Rincon, GaSP #150 Post 42, Rincon, GaSP #165 Post 42, Rincon, GaSP #324 Post 42, Rincon, GaSP #374 Post 42, Rincon, GaSP #380 Post 42, Rincon, GaSP #696 Post 42, Rincon,GaSP #900 Post 42, Rincon, GsSP #902 CIU, GaSP #P11 CIU, GASP #P45 CIU, GaSP #P42 Post 45, Statesboro GaSP #213 MCCD Region 7, GaSP #7017 Item tt1 - Page 4 - LT Randy Wickstrom MCCD Region 7, GaSP #7107 SFC Walter Wrighton MCCD Region 7, GaSP #7737 SGT Jeremy Maybin MCCD Region 7, GaSP #7777 MCO3 Tom Wall MCCD Region 7, GaSP #7642 MCO2 David King MCCD Region 7, GaSP #7784 MCO2 Turner Cameron MCCD Region 7, GaSP #7529 MCO3 Bryan Collins MCCD Region 7, GaSP #7530 MCO2 Joshua Bell MCCD Region 7, GaSP #7532 MCO2 Timmons Tomlin MCCD Region 7, GaSP #7713 SFC Minis Hillis MCCD Region 7, GaSP #7597 SGT Kevin Harkleroad MCCD Region 7, GaSP #7526 MCO3 Michael Clements MCCD Region 7, GaSP #7543 MCO3 Randy Martin MCCD Region 7, GaSP #7544 MCO2 Michael Henderson MCCD Region 7, GaSP #7577 MCO2 Humberto Eugenio MCCD Region 7, GaSP #7583 MCO3 Gerald Huff MCCD Region 7, GaSP #7622 MCO2 Jeremy Coward MCCD Region 7, GaSP #7724 MCO2 Matthew Morris MCCD Region 7, GaSP #7576 MCO2 Matthew Kennedy MCCD Region 7, GaSP #7686 MCO2 Austin Volkert MCCD Regoin 7, GaSP #7650 MCO1 Brandon Lumley MCCD Region 7, GaSP #7545 MCO1 Justin Price MCCD Region 7, GaSP #7508 MCO1 Erin Holloway MCCD Region 7, GaSP #7718 SFC Patrick Sapp MCCD Region 7, GASP #7527 SGT Kyle Williams MCCD Region 7, GaSP #7531 Item »1 - Page 5 - File Attachments for Item: 3. Minutes, City Council Meeting September 10, 2020 Item #3. - Page 6 - City Council Minutes, September 10, 2020 Consideration of Items for Consent Agenda Mayor Sessions called the Consent Agenda to order at 6:30PM. Those present were Jay Burke, Monty Parks, John Branigin, Barry Brown, and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Tracy O'Connell, Assistant City Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Nancy DeVetter attended via Zoom. Mayor Sessions listed the following items on the consent agenda: • Minutes, City Council Meeting, August 27, 2020 • Addendum No. 2 to Master Services Agreement No. 60826, MCCI. • Software License Agreement: Thomas and Hutton Corporation dba geothinQ • Thomas & Hutton, Professional Civil Engineering Services Contract (Collection of Sanitary Sewer Collection System Data) • MOU between USCG Station Tybee and Tybee Island Fire Department • Granicus Software Management Contract - STVR's Mayor Sessions called the regular meeting to order. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation: Rev. June Johnson, All Saints Episcopal Church • Presentation of Colors and Pledge of Allegiance Recognitions and Proclamations Mayor Sessions asked Mack Kitchens to approach the podium where she read a Certificate of Appreciation to acknowledge his bravery in rescuing a young lady in distress in the water. The Honorable Buddy Carter also presented Mr. Kitchens with a personal thank you letter. Mr. Kitchens thanked everyone for the recognition. Citizens to be Heard. Jenny Rutherford approached Mayor and Council to speak on Transferrable Parking Passes. Ms. Rutherford stated the property at 17t' Street has had parking passes for a number of years and were able to be purchased through the City equal to the cost of one yearly parking pass. She feels that due to her not being able to purchase the decals at the reduced price as in the past, is unconstitutional. She asked Mayor and Council to reconsider. Mayor Sessions thanked Ms. Rutherford and understands her frustration. Council was asked to submit their concerns to the City Manager who has the authority to make the decision. Mayor Sessions asked Ms. Rutherford to resubmit her paperwork as it seems she is appealing the City Manager's decision. Ms. Rutherford confirmed. Monty Parks made a motion to approve the consent agenda. John Branigin seconded. Vote was unanimous to approve, 6-0. Public Hearings Variance: requesting setback encroachment — 409 Tybrisa Street — 4000812010 — Zone R-2 — Paul Murach. George Shaw approached Mayor and Council. Mr. Shaw stated there was a contract to build the home and a separate contract for installation of a pool. During Item #3. - Page 7 - the construction of the pool, issues were discovered concerning the soil and the pool was moved and went into the set -back. This was not discussed with the City and it was not noticed until the as -built was recently received. The pool sits 1' into the set -back. Staff is recommending denial and the Planning Commission recommended 3-2 for approval. Mr. Parks stated the Planning Commission recommended approval but with a $1,000 fine. Mr. Shaw confirmed and added the fine would be at the discretion of the Judge. Mayor Sessions asked if the City has an ordinance that addresses an after -the -fact variance to include penalties and procedures. Mr. Hughes responded, Sec 5-090, LDC, has a sub -section that at one time prohibited anyone who had a structure that was in violation of the Code from applying for a variance until the structure was brought into compliance. The ordinance was later amended to provide the applicant must offer a written explanation and could apply for a variance if the property was out of compliance. Mr. Hughes continued, the Code section is clear in sub -section (f) of 5-090, and requires a written explanation of how it came to be that a structure was built in violation of the Code which was provided to the Planning Commission by Mr. Murach. Mr. Hosti asked if Mr. Murach could build a higher fence since the pool is in the setback. Mr. Shaw stated a 4' fence is required around all pools with lockable gates. Mayor pro tem Brown asked if the explanation was done prior to the pool being fully built? Or after? Paul Murach approached Mayor and Council. Mr. Murach stated neither the pool contractor nor the general contractor believed, when they moved the pool slightly due to the soil conditions, they were still within the set -back and this was not discovered until July 27, 2020. Mayor pro tem Brown stated he feels this is a problem between the contractors and owner of the property. It is their responsibility to correct the problem. Mayor Sessions asked Mr. Shaw the reasoning behind Staff's denial. Mr. Shaw stated the conditions for denial are clear as there must be a hardship created by the lot shape, size, etc. but the lot was fully developed and the pool is a luxury and accessory to the house. He feels it does not fit the definition for a variance. Mayor Sessions asked if there is a process the City does to insure the permit that was applied was built correctly. Mr. Shaw responded, the site plan shows the pool 5' from the property line and after construction they received an as -built of the property showing the pool 4'1' and 4'3" from the property line. Mayor pro tem Brown shared his concerns with no site visits done during construction. Ms. DeVetter stated she is in agreement with the Planning Commission regarding a fine. She asked Mr. Hughes what is the maximum fine that can be imposed. Mr. Hughes responded $1,000 which could include court costs as it is the general penalty for violating provisions of the Code where no specific penalty is provided. Ms. DeVetter asked if anyone has been cited as of yet. Mr. Shaw responded no not as of yet. Mr. Parks agreed with Mayor pro tem Brown regarding the blame as it is not Mayor and Council's problem. Mr. Murach stated he is trying to find a solution for the issue. Mayor Sessions asked Mr. Murach and his family have moved into the residence. Mr. Murach responded the property is a rental, STVR, and the reality is without the variance the property cannot be sold. The pool was put in for medical reasons as his son has special needs but now he needs to sell the residence. Mr. Murach stated he does not have confidence in either contractor for them to speak to Mayor and Council at the public hearing that is why he came in from Atlanta. He is looking for a middle ground to satisfy the City and not put his family in an undue hardship. Mr. Branigin asked if the home was built in 2018 why was the as -built was not submitted until July 2020. Mr. Shaw responded, the City has requested not only the as -built but other documents and they were received in his office. He continued, a Certificate of Occupancy (CO) has not been issued. Due to an error at City Hall, a permit for water service was issued. Ms. DeVetter asked if the residence has been rented. Mr. Shaw confirmed even without a CO. Mr. Murach stated the contractor told him the City had issued a CO and he applied for a Business License which was approved as well. When the issues were found in July 2020, Mr. Murach stated he collected all the items Mr. Shaw needed such as surveys, drainage certification, height certification, etc. that Mr. Shaw needed and when Staff evaluated the paperwork he was informed the pool was 11" over the set -back and need a variance. Anthony Kirk Malcom, 409 McCloud Avenue, approached Mayor and Council. Mr. Item #3 - Page 8 - Malcom stated he owns the adjacent property. He continued that his wife does not have an issue with the variance but he feels there is a problem as everyone needs to follow the rules. He asked Mayor and Council to do the right thing. Mayor Sessions thanked Mr. Malcom. Peter Hand, adjacent neighbor, approached Mayor and Council. Mr. Hand thanked Mayor and Council for all the time they have spent on public protection. He continued, in looking what has transpired he feels the foundation for the home is a spread foundation therefore causing problems especially with three stories. In reviewing the Code, Mr. Hand stated there is a process for approving pools, having a separate permit to be reviewed by an engineer and recommend or not recommend. He is asking Mayor and Council to deny this request as it is disrespectful to those applicants that have followed the Code. Mr. Murach apologized as there was never a willful attempt to break any law or harm anyone at the City and asked Mayor and Council to approve the variance request. Monty Parks made a motion to deny. Barry Brown seconded. Voting in favor to deny were Monty Parks, Barry Brown, Jay Burke, and Nancy DeVetter. Vote against were Spec Hosti and John Branigin. Vote to deny, 4-2. Consideration of Bids, Contracts, Agreements and Expenditures American Tower: Request for lease adjustment. No Action Taken. To be heard September 24, 2020. Verizon: 4th Amendment to Lease Agreement. No Action Taken. To be heard September 24, 2020. Consideration of Ordinances and Resolutions Second Reading, 2020-13, Disorderly Household and Administrative Fine Offenses. Mr. Hughes stated this is second reading on the ordinance that addresses violations of the disorderly house ordinance. It does two things: (1) makes the ordinances that apply to houses of any type, administrative civil penalties as opposed to ordinance violations that are prosecuted so they are handled administratively and (2) also makes those applicable to the provision of the disorderly house ordinance that has what is commonly called the three strike rule which can result in potential additional penalties. Monty Parks made a motion to approve. John Branigin seconded. Vote was unanimous to approve, 6-0. Second Reading, 2020-19, Mask/Face Covering in City Buildings Operated by the City. Mayor Sessions stated Dr. Gillen asked Mayor and Council to craft and approve the ordinance to ensure the safety of all Staff. Barry Brown made a motion to approve. Monty Parks seconded. Vote was unanimous to approve, 6-0. Council, Officials and City Attorney Considerations and Comments Monty Parks: Establish a Fine for Rentals without Registration. To be discussed at a later City Council Meeting. For introduction only. Monty Parks: Increase in Annual Liquor License Renewal Fees. To be discussed at a later City Council Meeting. For introduction only. Shawn Gillen approached Mayor and Council to discuss the Retirement Incentive. Dr. Gillen stated there is two pieces to this item. The first is the early retirement and the other is a retirement incentive. The early retirement takes time and GMA is working on the Resolution and ordinance changes to allow Staff to early retire under the Rule of 75. The other is the incentive. There are currently six (6) Staff currently eligible and five (5) who would be eligible for early retirement. The retirement incentive would apply to everyone. This would be a $10,000 payout plus 18 months of COBRA coverage for single health care coverage. The window of opportunity would close with the early retirement option. It will be open for 45 days from the date Mayor and Council approve the change. It should close in mid -December. Mayor pro tem Brown asked Item »3 - Page 9 - how Dr. Gillen would handle the vacancy with regard to institutional knowledge. Dr. Gillen stated the employee could be brought back on a contract level. John Branigin made a motion to approve. Monty Parks seconded. Vote was unanimous to approve, 6-0. George Shaw approached Mayor and Council to ask for consideration to a return to normal crossover approval process and fees. Mr. Shaw stated when the dune build process was started as the City is the one building the dunes, to make it simpler for residents who have not been able to walk straight to the beach this process was put in place. The public hearing process and fee was waived i.e., no special review but still needed a building permit. Mr. Shaw is asked Mayor and Council for an end date to the approval process. Mayor Sessions asked how many people have taken advantage of this program. Mr. Shaw responded only one, the Desoto Hotel. Monty Parks made a motion to "return to the normal process". Barry Brown seconded. Vote was unanimous to approve, 6-0. Spec Hosti made a motion to adjourn to Executive Session to discussion Litigation, Real Estate and Personnel. Monty Parks seconded. Vote was unanimous to approve, 6-0. Monty Parks made a motion to adjourn to Regular Session. Barry Brown seconded. Vote was unanimous to approve, 6-0. Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous to approve, 6-0. Meeting adjourned at 8:35PM. Janet R. LeViner, MMC Clerk Item »3 - Page 10 - File Attachments for Item: 4. Agreement: City of Tybee Island and GMA: Telecommunications and Right of Way Management Item #4. - Page 11 - EXHIBIT A By executing this affidavit, the Georgia Municipal Association, Inc. ("GMA") verifies its a a) as bA CA 5 RS bA r-i M coo a a a 0 the physical performance of services in Georgia, has registered with, is authorized to use and co a subsequent replacement program, in accordance with the applicable provisions and deadlines 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). GMA hereby attests that its federal work authorization user identification number and date of authorization are as follows: r, Federal Work Authorization User Identification Number 4 E O Telecommunications and R G w roo O 0 0 Q cep a) AGREEMENT BETWEEN THE CITY OF TYBEE ISLAND AND THE GEORGIA MUNICIPAL ASSOCIATION, INC. FOR TELECOMMUNICATIONS & RIGHT OF WAY MANAGEMENT WHEREAS, the City of Tybee Island ("City") desires to provide regulation and oversight of cable television and other telecommunications services being provided to the citizens of the City; WHEREAS, the Georgia Municipal Association, Inc. ("GMA") has available a telecommunications and right of way management program; and, WHEREAS, the City has a need for such telecommunications and right of way management program. THEREFORE, THE CITY AND GMA AGREE AS FOLLOWS: Section 1. Services Provided to the City of Tybee Island GMA agrees to provide, either directly or through its agents or subcontractors, the following consulting services, (all of which are explained more fully below) which are to be known as GMA's Telecommunications and Right of Way Management Program: a) Local Franchise Management, as more fully described in Section 2 of this agreement; b) State Issued Franchise Management, as more fully described in Section 3 of this agreement; c) Cellular Tower and PCS Tower Site Consultation Services, as more fully described in Section 4 of this agreement; d) Franchise Compliance Monitoring Services as more fully described in Section 5 of this agreement. e) Right of Way Ordinance Development as more fully described in Section 6 of this agreement. Section 2. Local Franchise Management Local Franchise Management shall include assisting the City with the following: a) Facilitating the City's compliance with the 1984 and 1992 Federal Cable Acts, the Telecommunications Act of 1996 and the rules of the FCC affecting municipal regulation of cable and video service providers; b) Regulating cable rates for basic service, equipment and installation, and performing rate analysis to determine compliance with the Federal Communications Commission ("FCC") rate regulations, if the City is a rate regulator; c) Evaluating and responding to requests for approval of franchise grant, transfer, modification or renewal; Item #4. - Page 13 - d) Recommending and developing customer service standards for cable and video service providers; and e) Assisting with Public Educational and Government Channel (PEG) development and implementation issues. Section 3. State Issued Franchise Management State Issued Franchise Management shall include assisting the City as needed with the following based on O.C. G. A. 36-76-1 et seq.: a) Reviewing requests for state issued franchises submitted to the Secretary of State's Office to provide service within the city's corporate limits, including facilitating the Secretary of State's procedural processes related to the franchise fee percentage for a holder of a state issued franchise; b) Assisting with Public Educational and Government Channel (PEG) development and implementation issues; c) Reviewing requests for transfers of state issued franchises submitted to the Secretary of State's Office for service provided within the city's corporate limits; and d) Assisting with customer complaints rules as established by the Governor's Office of Consumer Affairs. Section 4. Cellular and PCS Tower Site Consultation Services Cellular and PCS and Tower Site Consultation Services shall include: a) Negotiating agreement between the City and any cellular or PCS provider for use of the city's property by the provider; b) Advising Cities on the provisions of tower site agreements for the use of public land; c) Informing Cities concerning federal policies related to siting of wireless technologies; and d) Referring Cities to engineering or other professional resources on an as needed basis. Section 5. State and Local Franchise Compliance Monitoring Services Franchise compliance monitoring services shall include systematically reviewing the cable operator's or video provider's compliance with the terms of certain aspects of a local or state issued franchise agreement to encompass the following: a) Upon receipt of revenue report forms from the city, monitor compliance with the definition of"gross revenue" and assist with recovery of any identified underpayments; b) Periodically perform a review of the franchisee's books and records to determine compliance with the definition of gross revenue and assisting with recovery of any identified underpayment; Item #4. Advising government concerning conducting the local performance review of an ope performance in compliance with provisions of a local franchise agreement; -Page14- d) Reviewing funding or other issues related to the government channel, tower rental fees or pole agreement fees if applicable; e) Documenting operator's carriage of appropriate insurance coverage; f) Checking and documenting the status of system construction timeframes, if applicable; g) Handling and resolving subscriber complaints as referred; h) Monitoring operator's adherence to federal, state or local customer service standards; i) Notifying Cities of any identified areas of noncompliance and resolution of same or notification that the operator was found to be in compliance; Section 6. Rights of Way Ordinance Development a) Review existing Rights of Way Ordinance to determine City's current rights of way practices; b) Review existing permit process and other ordinances that impact use and restoration of the rights of way; c) Evaluate current Rights of Way practices and recommend changes; and d) Provide updated Rights of Way Ordinance based on the unique needs of the City Section 7. Other Services In addition to the services outlined above, the City may obtain technical performance auditing of a cable operator or telecommunications company and technical assistance in the development of public, educational and governmental access channels and institutional networks as well as engineering consulting services concerning cellular tower siting. These other services may be obtained from GMA, its agents, employees or subcontractors. The parties to the agreement may execute a n addendum or addenda to this agreement for the City to obtain such services; provided, however, the additional fee for each such additional service shall not exceed $10,000. Section 8. Effective Date, Renewal and Termination. a) This Agreement shall terminate absolutely and without further obligation on the part of the City at the close of the Calendar year in which it was executed and at the close of each succeeding Calendar year for which it may be renewed as provided for herein. b) This Agreement shall commence as of , 20 . It is automatically renewed for successive one-year calendar terms thereafter, unless terminated by either GMA or the City by giving 30 days advance written notice of such termination to the other party. GMA shall be entitled to payment for services rendered to the City, including compensation due for additional services rendered to the City, including compensation due for additional services reasonably substantiated by GMA as of the effective date of termination. Item #4. -Page15- c) The total obligation of the City under this Agreement for the calendar year of execution shall initially be $1,741.60 and will be prorated during the first day on the month i n which the agreement commences. The total obligation of the City which will be incurred in each Calendar year renewal term shall be reflected in an annual invoice to be submitted to the City thirty (30) days prior to the due date. The invoice shall state the total amount of obligation for the upcoming year exclusive of amounts for any Other Services as the City may elect to obtain through the provisions of Section 7 of this agreement. The rendering of services by GMA or its subcontractors to the City after any renewal of this Agreement for such services shall result in additional obligations for the City. Section 9. Hold Harmless Each party shall bear the responsibility for liability for negligence, errors or omissions of its own officers, agents, employees or subcontractors in carrying out this agreement. To the extent permitted by law, the City holds harmless GMA for liability for the negligence of the City, its officers, agents, employees, or subcontractors arising out of this agreement. GMA holds harmless the City for the negligence of GMA, its officers, agents, employees, or subcontractors arising out of this agreement. No agency relationship created for other purposed including but not limited to workers compensation and employee benefits and neither party or their officers, agents or employees shall be deemed employees of the other party. Section 10. A2encv In addition by executing the attached Agent Representation Form the City designates GMA, its officers, agents, employees, and contractors as agents of the City for purposes of Section 635A of the Communications Act of 1934, as amended, the applicable provisions of the Local Government Antitrust Act of 1984 and O.C. G. A. 36-76-1 et seq known as the Georgia Consumer's Choice for Television Act of 2008. Section 11. Amendments This contract may be amended by future written agreements executed on behalf of the City and GMA. Section 12. Georgia Security and Immigration Compliance Act GMA attests compliance with the requirements of O.C.G.A. §13-10-91 and Rule 300-10-1-.02 by the execution of the contractor affidavit attached as Appendix A as shown in Rule 300-10-1-.07, or a substantially similar contractor affidavit, which document is attached to and made a part of this contract as Exhibit A. GMA agrees that, in the event GMA employs or contracts with any subcontractor(s) in connection with the covered contract, GMA will secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit shown in Rule 300-10-1-.08 or a substantially similar subcontractor affidavit, and maintain records of such attestation for inspection by the City at any time. Section 13. Law Applicable. Item #4. > agreement shall be construed under the laws of the State of Georgia. -Page16- Section 14. Consulting Services None of the services provided pursuant to this agreement shall be regarded or treated as the practice of law or accountancy. EXECUTED ON BEHALF OF THE CITY OF TYBEE ISLAND THIS DAY OF 20 . ATTEST: CITY OF TYBEE ISLAND: By: City Clerk Authorized Sigiatorv. Title APPROVED AS TO FORM: City Attorney GEORGIA MUNICIPAL ASSOCIATION, INC. By: Lary H. Hanson, Executive Director Item #4. -Page17- A RESOLUTION OF THE CITY OF TYBEE ISLAND THROUGH THE COUNCIL TO AUTHORIZE THE MAYOR OF SAID CITY TO EXECUTE A TELECOMMUNICATIONS & RIGHT OF WAY MANAGEMENT PROGRAM AGREEMENT WHEREAS, the City of Tybee Island desires to regulate the provision of cable television and other telecommunications management services so as to assure that the citizens of said City receive quality service; WHEREAS, the Georgia Municipal Association has available a telecommunications and right of way management program to assist the City in such regulation; NOW THEREFORE BE IT RESOLVED, that the Mayor of the City of Tybee Island is hereby authorized to execute a telecommunications and right of way management program agreement on behalf of the City, in substantially the same form as Appendix A which is attached to and made a part of this resolution. RESOLVED by the Mayor and Council of the City of Tybee Island this day of , 20 ATTEST: By: Mayor: City Clerk City of Tybee Island (SEAL) Item #4. - Page 18 - Georgia Municipal Association Telecommunications and Right of Way Management Program AGENT REPRESENTATION FORM The undersigned is a participant in the Georgia Municipal Association's (GMA) Telecommunications and Right of Way Management (TRM) program. GMA's TRM program provides assistance with all aspects of federal and state cable and video franchising, including but not limited to franchise renewals and modifications, state franchise application process, franchise fee reviews and customer service issues. As a participant in GMA's TRM program, authorization is hereby granted to allow GMA's staff and/or subcontractors to act on the Participants behalf as listed above. This AGENT REPRESENTATION FORM is effective upon date signed and until further notice. Name of City, Town or County Street Address Phone # City Zip Code Fax # Email Address Submitted By — Print Name Title Signature Date Item #4. - Page 19 - File Attachments for Item: 5. Resolution: HB 1203 Repealing Parts of Citizen Arrest Powers Item #5. - Page 20 - RESOLUTION 2020 A RESOLUTION TO SUPPORT HOUSE BILL NUMBER 1203 CALLING FOR THE ABOLISHMENT OF GEORGIA LAW PERMITTING CITIZEN ARREST WITH CERTAIN LIMITATIONS WHEREAS, the City of Tybee Island, in the interest of public safety acknowledges that recent events have demonstrated potential risk arising from the ability of a private citizen to make an arrest under certain circumstances and therefore the law authorizing such conduct should be repealed or modified; and WHEREAS, House Bill 1203 proposes to repeal Article 4 of Chapter 4 of Title 17 of the official Code of Georgia annotated; and WHEREAS, the City of Tybee Island supports the effort to have debate in connection with the potential repeal of Georgia law permitting arrest by private persons; and WHEREAS, the City of Tybee Island would encourage the consideration of not repealing a merchant or "shopkeeper" retaining the ability to detain suspected shoplifters as recognized in O.C.G.A. 51-7-60. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Tybee Island that the City supports House Bill 1203 and Representative Gilliard's efforts in reference to limiting the ability of private arrest however, the City also believes that the provisions of O.C.G.A. 51-7-60 should not be impacted by the potential repeal of Article IV of Chapter 4 of Title 17 of the official Code of Georgia. IT IS SO RESOLVED, this day of , 2020. Item #5. - Page 21 - Attest: City Clerk CITY OF TYBEE ISLAND. GEORGIA By: SHIRLEY SESSIONS, Mayor Item #5. - Page 22 - File Attachments for Item: 6. Bubba Hughes: Ante Litem: Michael Lucas, Kathleen Flynn and other Similarly Situated Persons Item #6. - Page 23 - August 20, 2020 U y c� O .+ U _p Q ✓;t�i 3 .0 V 4.. N o LJ G t Q ct �°i p 'r? U F' �� R 4— `, U 40. 0 .O o w o 0.4 a vF OD U 4" 0 ) 0, a� . cn .� Rco a>o o'- :�o$ .� ti U •^= .Q y 'CJ us O ° 3. U U c E.� ..., O Ty a r. , 0.3 U -0 0.° 4- U N 4. C �. 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