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HomeMy Public PortalAbout20210408Packet.pdfMAYOR CITY MANAGER Shirley Sessions Dr. Shawn Gillen CITY COUNCIL CLERK OF COUNCIL Barry Brown, Mayor Pro Tem Jan LeViner John Branigin Jay Burke CITY ATTORNEY Nancy DeVetter Edward M. Hughes Spec Hosti Monty Parks CITY OF TYBEE ISLAND P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org A G E N D A REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL April 08, 2021 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 Consideration of the approval of the minutes of the meetings of the Tybee island City Council 1. Minutes: City Council Meeting, March 25, 2021 Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. 2. David McNaughton: Update on Tybee Road Scenic Byway Nomination 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 3. Permission to Seek Bids for the Paving of South-end Parking Lot 4. Jen Amerell: Water/Sewer Utility Rate: Proposed Rate Structure 5. Out of State Travel: Jan LeViner, International Institute of Municipal Clerks Convention, Grand Rapids, May 8, 2021. To formally received Masters Certifications. Budget line item: 100-1130-52-3500 Consideration of Ordinances, Resolutions 6. Second Reading, 2021-08, Chapter 26 - Fire Prevention and Protection 7. Second Reading, 2021-09, Chapter 30, Law Enforcement - Page 1 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 8. Second Reading, 2021-10, Sec II, Sec 6-14, Insurance Requirements and Safe Serve for all Alcohol Serving Licensees 9. Second Reading, 2021-11, Disaster Recovery, Emergency Management 10. Second Reading, 2021-14, Sec 22-169, Debris Cover Violations 11. First Reading, 2021-12, Chapter 46, Personnel 12. First Reading, 2021-13, Chapter 54, Streets, Sidewalks and Other Public Places and Special Events and to Establish an Effective Date and For other Purposes Council, Officials and City Attorney Considerations and Comments 13. Bubba Hughes: Administrative Fines Update 14. Shawn Gillen: Appointment Matt Harrell, TIFD, to Fire Chief. Matt started with the City of Tybee Island Fire Department in 2015. Within one year he was promoted to Lieutenant and then in October 2019 he was promoted to Captain. Due to his skill level and ability to lead, Matt became the acting Interim Fire Chief in January 2020 and then was officially appointed to that position in May 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/o r 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: at 00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office City Hall and at www.cityoftybee.org. THE VISION OF THE CITY OF TYBEE ISLAND “is to make Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.” - Page 2 - File Attachments for Item: 1. Minutes: City Council Meeting, March 25, 2021 - Page 3 -Item #1. City Council Minutes, March 25, 2021 Consideration of Items for Consent Agenda Mayor Sessions called the Consent Agenda to order at 6:30PM. Those present were Jay Burke, Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Tracy O’Connell, Assistant City Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Mayor Sessions listed the following items on the consent agenda:  Minutes: City Council Meeting, March 11, 2021  Historic Preservation Commission: Mary Anne Butler  Sunrise Parking Lot: Add seven (7) additional parking spaces  Skidaway Institute Dune Monitoring Project: Amendment to extend Agreement a second year Mayor Sessions called the regular meeting to order. All those present for the consent agenda were present. Opening Ceremonies  Call to Order  Invocation: Jan LeViner, Clerk of Council  Pledge of Allegiance Dr. Shawn Gillen, City Manager, approached Mayor and Council. Dr. Gillen stated Mayor Sessions, Alan Robertson and himself attended the American Shore and Beach Preservation Association Annual Conference to accept an award, The Best Restored Beach in America. This is due to the project from 2020 with the beach re-nourishment, dune building and the ongoing crossover re-do’s. This is the culmination of five (5) years of work beginning with Hurricane Matthew and all the storms recently which have eroded the beach. Dr. Gillen thanked the Beach Task Force and residents for their continued assistance and support with keeping the beach healthy. Citizens to be Heard Shirley Wright: A Resident’s Observations. Asked to be removed from the agenda Anna Butler approached Mayor and Council to share her concerns regarding the proposed Noise Ordinance. Mayor Sessions thanked Ms. Butler for her comments. Roger Huff approached Mayor and Council to speak against the proposed Noise Ordinance. Mayor Sessions thanked Mr. Huff for his comments. Des Ruman approached Mayor and Council to speak against the proposed Noise Ordinance. Mayor Sessions thanked Mr. Ruman for his comments. Monty Parks made a motion to approve the consent agenda. Barry Brown seconded. Vote was unanimous to approve, 6-0. Consideration of Bids, Contracts, Agreements and Expenditures Request for City Council Approval of an alternative location for the 14th Street crossover. The City Engineer worked with the DNR to identify two viable options for the crossover. These options are indicated on the attachment. The council can select one of the two options for an application for a permit from the DNR. Alternatively, the council can choose to not submit a permit application. Dr. Gillen approached Mayor and Council. He stated the two alternatives the City have were determined by the City Engineer - Page 4 -Item #1. by measuring the dunes as one of the rules the City must follow is the seaward landing point of the crossover must be the seaward toe of the dune and the other restriction is the minimization of impact. He presented two alternatives, as included in the packet before them tonight, where the dunes are the lowest. One alternative is in front of Mr. Davis’ residence to a more northerly point where the dunes are lower and straight across the dunes. The second alternative is moving the crossover southward to where the dunes are low enough to land the crossover at the toe of the dune, which would put the crossover very close to the 14 ½ Street crossover. These are the only viable options. Mayor pro tem Brown stated the old crossover extends straight to the beach. Dr. Gillen confirmed the existing crossover is in the same footprint as the old crossover and there are no changes with the exception of height. Mr. Gulbronson approached Mayor and Council. He stated the new 14th Street crossover is in the same footprint as the old 14th Street crossover. As the dunes have grown, the crossover was raised approximately two (2) feet. With this change, Mr. Davis is concerned as beachgoers can see into his residence. Mr. Gulbronson confirmed the dunes are natural grown and Department of Natural Resources (DNR) require new crossovers to be three (3) feet above the dunes. A discussion ensued regarding the options as proposed in the packet before them. Mr. Burke asked if the DNR has met with Mr. Davis regarding the options. Dr. Gillen responded in the negative as they have been working directly with the City Staff. Mr. Branigin confirmed with Dr. Gillen that the existing crossover was just built, brand new, and at some point if the City were to build an option as previously discussed, and the dunes continue to grow, at some point that new crossover would need to be raised. Dr. Gillen confirmed. Mr. Branigin asked if there is a point at which the dunes grow so much that it is not feasible to build a crossover and have beachgoers use it due to the height. Dr. Gillen confirmed as there will be a time when the dunes are too high to build a crossover. Ms. DeVetter confirmed the only reason this is before Mayor and Council is due to Mr. Davis’ concerns. Dr. Gillen confirmed as if a new crossover is approved, the existing one would come down and a new one constructed. The cost would be approximately $15,000 - $20,000. Mayor Sessions stated the discussion is regarding a crossover that was completed last year, now discussing tearing down, rebuilding another option which would need approval from DNR. Dr. Gillen confirmed. Mayor pro tem Brown stated it not practical to ask tax payers to pay for a crossover to be moved. He recommended putting lattice on the handrail which would obstruct the view into his residence. Mr. Gulbronson stated he met with Mr. Davis and Mr. Davis stated he does not want that as it might increase the dune growth. Mr. Parks asked Mr. Gulbronson the expected life of the crossover. Mr. Gulbronson responded approximately 10-15 years. Mayor pro tem Brown made a motion to leave the crossover in place and install lattice/blind three (3) foot above the handrail. John Branigin seconded. Discussion: Dr. Gillen confirmed with Mayor and Council that even with Mr. Davis not wanting the lattice/blind added to a portion of the handrail which will obstruct the view into his residence, it will be installed. Mayor pro tem Brown confirmed. Vote was unanimous, 6-0. Consideration of Ordinances, Resolution Second Reading: 2021-05, Noise Ordinance. Spec Hosti made a motion to approve. John Branigin seconded. Discussion: Mr. Hughes stated prior to any discussions, each council member has a printed copy of the Ordinance that was in the packet on March 11, 2021 for first reading as the one before them tonight in the packet is not for consideration as it is not the correct version. He continued there are changes as the definitions have been deleted as they are no longer applicable. It does clarify the days of the week and holidays and does not change anything in respect to the provisions applicable to the commercial zones as they are still subject to the decibel reading. Mayor Sessions confirmed this is just for residential. Mr. Hughes confirmed and as he understands, it is the desire of Mayor and Council to address the problems in residential areas. He continued, there have been discussion as to whether 100’ is adequate or not as well as discussions as to 200’ adequate or not. The times for R zones: 200’ from 7AM to 10PM Sunday through Thursday and 7AM to midnight, Friday, Saturday and holidays. 100’ is - Page 5 -Item #1. basically the night time non-holiday times. Mayor pro tem Brown stated he would like to discuss the distance and the time would be 10PM. Mr. Hughes explained if a motion is to be made to change the time you would offer an amendment to the motion that has been made. If the amendment is seconded, it is voted upon prior to the main motion. Mayor pro tem Brown made a motion to amend the pending motion to establish, rather than the 100’ or 200’, the property line of the residence or location creating the noise. Jay Burke seconded. Discussion: Dr. Gillen asked for clarification of the motion. Mr. Hughes responded, it is at the end of the front yard of the location creating the noise, after 10PM, seven days a week. Mr. Branigin stated the measurement point needs to be more specific as there needs to be a standard. Mayor Sessions asked Dr. Gillen if the Code Enforcement Officers have had input on the proposed ordinance. Dr. Gillen stated he and Sgt. Hattrich have been and continue to communicate on this issue. Sgt. Hattrich approached Mayor and Council stating Code Enforcement Officers will adhere to the standard as directed by Mayor and Council. Mr. Parks stated there have been good discussions with this complicated issue. He does not feel right at second reading of the proposed ordinance, making major changes to either the times or measurement systems that are in place. It has not been made public and it is not transparent. Mr. Branigin explained the history of the review of the Noise Ordinance and continued, what Mayor and Council are trying to do is to put laws around behavior. Mayor Sessions thanked Mr. Branigin for his comments. Mayor Sessions confirmed with Mr. Hughes, Mayor and Council need to vote on the amendment to the motion first. Mr. Hughes confirmed and restated the motion: to amend the pending motion to eliminate the distance requirement after 10PM, all days of the week, to prohibit noise that is audible from the front boundary line of the property from which the noise is emanated at the approximate center point of the front of the property and at all other times the distance of 200’ would be the standard. Voting in favor of the amendment to the motion were Barry Brown, Nancy DeVetter and Jay Burke. Those voting against the amendment to the motion were Monty Parks, John Branigin and Spec Hosti. Mayor Sessions voting in favor of the amendment to the motion. Motion to approve the amendment to the motion, 4-3. Mr. Hughes restated the original motion which is to adopt the original draft as amended, i.e., the distance restrictions after 10PM are no longer a part of the ordinance and the measurement will be at the property boundary of the source of the noise and for all other times, all sounds that are permissible up to a distance of 200’ and if plainly audible past that distance, could be a violation. Mr. Parks expressed his concerns with the changes at second reading. Mr. Branigin stated he will vote for the motion as it goes back to the original intent as this is easier for our officers, simpler, does address residential issues and the amendment is too restrictive. He supports the officers and will move forward. Ms. DeVetter thanked everyone who worked on the ordinance but does not think the amendment changes much. Mayor pro tem Brown confirmed the motion. Vote was unanimous to approve the motion, 6-0. First Reading, 2021-08, Chapter 26 - Fire Prevention and Protection. Monty Parks made a motion to approve. Nancy DeVetter seconded. Vote was unanimous to approve, 6-0. First Reading, 2021-09, Chapter 30, Law Enforcement Monty Parks made a motion to approve with the correction changing “peach officers ” to “peace officers”. Nancy DeVetter seconded. Vote was unanimous to approve, 6-0. First Reading, 2021-10, Sec II, Sec 6-14, Insurance Requirements and Safe Serve for all Alcohol Serving Licensees. John Branigin, Spec Hosti and Jay Burke recused. Ms. DeVetter confirmed this is part of the Alcohol Section which has provisions which Mayor and Council can revoke a license if there is a violation(s). Mayor pro tem Brown asked the consequences if there is no insurance or Safe Serve Certifications. Mr. Hughes recommended - Page 6 -Item #1. Mayor and Council have an effective date of January 1, 2022 so the requirement is handled during the renewal process. If they do not have the required insurance and Safe Serve Certifications they would not be issued a license. Monty Parks motion to approve with the effective date of January 1, 2022. Barry Brown seconded. Vote was unanimous to approve, 3-0. John Branigin, Spec Hosti, and Jay Burke returned to the meeting. First Reading, 2021-11, Disaster Recovery, Emergency Management. Ms. DeVetter made reference to the notes in the proposed ordinance. Mr. Hughes stated he communicated with Mayor and Council regarding the ordinance. Currently there are several Memorandums of Understanding, Intergovernmental Agreements and Mutual Aid Agreements that are built around the City having this particular ordinance. He continued, it is his recommendation the only change is the name which should be Emergency Management/Disaster Recovery. This is built around re- imbursement from FEMA for expenses incurred due to an emergency. Monty Parks made a motion to approve with only changing the title. Nancy DeVetter seconded. Vote was unanimous to approve, 6-0. Council, Officials and City Attorney Considerations and Comments Bubba Hughes: Ante Litem Notice - Jacqueline Cason. Mr. Hughes recommended Mayor and Council reject the Ante Litem Notice. Monty Parks made a motion to reject the Ante Litem Notice. Barry Brown seconded. Vote was unanimous to reject the Ante Litem Notice, 6-0. Dr. Gillen made reference to the Strategic Plan that is in the packet before them. He would asked for a motion to approve the Strategic Plan and building the pending 2022 budget around the Plan. John Branigin made a motion to approve. Monty Parks seconded. Vote was unanimous to move approve and move forward, 6-0. Dr. Gillen made reference to the Action Item list which is in the packet before them. He stated all updates have been made to the list and if there are questions to please let him know. No action needed or taken. Monty Parks made a motion to adjourn to Executive Session to discuss litigation, real estate and personnel. John Branigin seconded. The vote was unanimous to approve, 6-0. Monty Parks made a motion to return to regular session. Barry Brown seconded. Vote was unanimous to approve, 6-0. Monty Parks 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 - Page 7 -Item #1. File Attachments for Item: 2. David McNaughton: Update on Tybee Road Scenic Byway Nomination - Page 8 -Item #2. TYBEE ROAD SCENIC BYWAY Corridor Management Plan - Page 9 -Item #2. The Route The proposed Tybee Road Scenic Byway is an 11-mile section of US 80 running from Turner’s Creek just east of Bryan Woods Road to the end of US 80 on Tybee Island. The nominated section represents the eastern end of historic Victory Drive, a World War I memorial route, and presents a unique combination of marsh and water, history and recreation. The proposed byway meets the Georgia Department of Transportation’s required criteria of scenic, natural, recreational, history, and archeological attributes – as well as culture, if the traditional festivals of Tybee Island count. The Vision To protect and enhance the scenic, historical and recreational attributes of the byway through volunteer efforts and local governmental assistance and to pursue state and federal aid in providing safe passage along the route for bicyclists and hikers. PAGE 3 TYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLAN - Page 10 -Item #2. The Byway Program The Georgia Scenic Byway Program recognizes highways with intrinsic qualities that should be protected or enhanced. Those qualities are: scenic, historical, natural, cultural, archeological and recreational. The designation as a Scenic Byway does not obligate state or local governments financially, and the associated corridor management plan is only a recommendation to promote or preserve the byway. Existing byways are promoted on the Georgia Department of Transportation web site and at state visitors’ centers. No new billboards are permitted on Scenic Byways, but existing billboards are not affected and the process of applying for curb cuts is not changed. The benefits of Scenic Byway designation include the possibility of state and federal grants for worthy projects. Tybee Island and Chatham County would be eligible for grants from the Coastal Resources Division of the Department of Natural Resources to build or maintain recreation facilities. The Georgia Department of Transportation has proposed replacing the Bull River and Lazaretto Creek bridges, adding bike lanes with barriers on both bridges, and improving access to the McQueen’s Island Trail. Scenic Byway designation would permit revisions from standard design and construction to promote what is called context sensitive design. That is a design process that, according to GDOT, “preserves aesthetics, history and the environmental resources,” while pursuing a consensus for a transportation solution among transportation agencies, stakeholders and professionals. Table of Contents The Georgia Scenic Byway Program Page 5 The long road to designation Page 7 Intrinsic qualities Page 8 Map of the proposed route Page 10 Maps of Land use along the route Pages 11-13 Goals of the Steering Committee Page 14 Supporting Documents Pages 15-19 Historic Resources Page 20 PAGE 4 PAGE 5 TYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLANTYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLAN - Page 11 -Item #2. History of this Nomination Exploration of the possibility of nominating as a Scenic Byway the segment of US 80 known as the Tybee Road began in September, 2016, when Tybee Island Mayor Jason Buelterman asked city staff to look into the process. A little over two weeks later, Hurricane Matthew struck Tybee Island and all the city’s efforts were channeled into recovery efforts. Hurricane Irma followed, leaving it to a private citizen to sponsor the nomination. The original nomination in late 2017 envisioned a Scenic Byway between the Bull River and a point east of Lazaretto Creek. The nomination was supported through a resolution by the Tybee City Council. The nomination was later revised at the recommendation of the Victory Drive conservancy, a group of citizens working to preserve and restore the original look of Victory Drive, a World War I memorial highway running 19.8 miles southeast from Ogeechee Road to the end of US 80 on Tybee Island. In September 2018, GDOT accepted the proposal to expand the nomination, and in July 2019, the Tybee City Council approved a second resolution of support, this one for a longer byway. The Chatham County-Savannah Metropolitan Planning Commission followed suit with its resolution of support on May 19, 2020. Approval to proceed with notification to property owners along the proposed byway and development of the corridor management plan came in late June 2019. Because of the high number of property owners along the route, notification was done through legal ads in the Savannah Morning News, the newspaper of record. The National Park Service was notified of the proposed byway by letter, dated March 15, 2019. PAGE 6 PAGE 7 TYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLANTYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLAN - Page 12 -Item #2. first lighthouse, ordered built by General Oglethorpe in 1732. The final two-and-a-half miles of the proposed byway offer glimpses of the ocean and marsh, but the primary attraction of this section lies in preserved structures. Three historic districts and 11 structures on or near the route are on the National Register of Historic Places. The City of Tybee Island also has amended city code to preserve the quirky commercial district. And an effort to do the same is underway in the Fort Screven Historic District, site of massive shore batteries built in response to the Spanish-American War and abandoned only after World War II. A number of original structures built at Fort Screven remain: The bakery, the commissary, the enlisted men’s mess hall and one of the barracks have been restored or repaired, but are used for residential or visitor uses. The Tybee Post Theater, built in the early 1930s for the soldiers stationed on Tybee, has been restored, and is a venue for movies, plays and live music. On the north end of Tybee Island lies a new Marine Science Center, a multi-million marine education and recreation facility. Natural: Nature blessed this section of US 80 with miles of unspoiled marsh, creeks, rivers and the Atlantic Ocean. Twice a day the ocean tides produce everchanging vistas, uncovering oyster beds, then turning the marsh into an expansive lake, with the waters creeping to the edge of the causeway to Tybee Island, creating an otherworld sense. Cultural: Cultural quality is evidence and expression of the customs or traditions of a distinct group of people. Cultural features include, but are not limited to crafts, music, dance, rituals, festivals, speech, food, special events, or vernacular architecture. Tybee Island hosts several distinctive and popular festivals. But among them, there are two of special note for the character of the festivals and their appeal to tourists and hometown folks alike. The first, held in early spring, is the Beach Bum Parade, a blocks long water fight. The second, Pirate Fest, is a fall costume event that attracts thousands. Scenic: If the timing is right, travelers headed to Tybee Island on the Bull River bridge will see, straight ahead and having come out of nowhere, the superstructure of a giant container ship, seemingly close enough to touch. The ship will be on the north channel of the Savannah River, heading into port or making its way out to sea. That is the kind of magic created on the proposed Tybee Road Scenic Byway, where the sun paints the marsh golden and the water silver. Visitors, mesmerized by the vistas, are compelled to slow their vehicles. Only the egrets and blue herons are oblivious to nature’s beauty. The journey begins earlier, however, on another bridge, one over Turner’s Creek. To the northeast the marsh stretches to the horizon. And then a canyon of tall trees, barely broken by the presence of man, leads east to the Bull River, through National Park Service land, and then to Tybee Island, where the route ends a stone’s throw from the beach and the Atlantic Ocean. Recreation: The proposed byway is rich in more than scenery. The route passes two marinas, with a third in the works, and two boat ramps that are entry points for fishing, boating and dolphin tours. Kayaks are routinely launched on Lazaretto Creek and Tybee’s back river. Tybee’s roughly five miles of beaches are ideal for sunbathing, swimming, surfing, kite flying or shell collecting. The beaches also serve as stopover points for migrating birds and as nesting sites for sea turtles. Landlubbers can walk or bicycle the six-mile McQueen’s Island Trail along the Savannah River, or take the shorter Marsh Hen Trail on Tybee Island. New bridges are planned over Lazaretto Creek and the Bull River, which will make it easier and safer for bicyclists to tour the proposed scenic byway. The scenery and recreation opportunities are closely tied to the fact nature has blessed this section of US 80 with miles of unspoiled marsh, creeks, rivers and the Atlantic Ocean. Little Tybee Island, a nature preserve, lies a short boat or kayak ride from the end of US 80. History: Native Americans were the first people to visit Tybee, which then fell under control of a succession of governments. There was a Spanish presence along the Georgia coast almost 500 years ago, followed by the French, and then the English, before the Revolutionary War ended foreign dominance. The Civil War saw the Confederate flag fly over Tybee until Union forces pummeled Fort Pulaski’s defenders into surrender. Fort Pulaski, a massive brick structure on Cockspur Island just west of Tybee Island, was built between 1829 and 1847. It fell to Union forces in 1862 after rifled cannon, tested for the first time, battered the walls of the stronghold. It is a National Monument now. Peaceful landmarks can be found east of Fort Pulaski. The Lazaretto Creek bridge overlooks the first, Cockspur Lighthouse, the original of which dates to 1837. Rebuilt after the hurricane of 1854, the little lighthouse was damaged by the storm of 1881 but served as a beacon until 1909. The original Lazaretto quarantine station sat nearby, where the ill and presumed ill were kept in an effort to contain smallpox and other diseases feared in colonial times. Individuals -- both free and slave -- who died at the station were buried in unmarked graves. A government chronicle of events records one such heartache when 29 children who arrived in the late 1770s aboard a ship bound from Ireland died of measles. Not far away is the Tybee Lighthouse. The current structure is the tallest in Georgia and is climbed regularly by island visitors. It is the successor to the The Intrinsic Qualities: PAGE 8 PAGE 9 TYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLANTYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLAN - Page 13 -Item #2. The Route:Map, Land Use, Wilmington Island: PAGE 10 PAGE 11 TYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLANTYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLAN - Page 14 -Item #2. 13 TYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLAN- Page 15 -Item #2. Public Meetings/ Input: Attendees offered limited comment but offered support for listed goals. A second meeting was not held because of the pandemic. Corridor Issues and Goals of the Steering Committee: 1) Preservation of historical structures on or near scenic byway route. 2) Pursuit of archeological survey in area of original Lazaretto quarantine station. 3) Pursuit of state and federal funds to provide safe bicycle path along route. 4) Encourage owners of commercial properties to make building facades more attractive. 5) Organize volunteer litter pickup. 6) Encourage uniform commercial signs along route. 7) Encourage City of Tybee to improve streetscape. Letter of Support: PAGE 14 PAGE 15 TYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLANTYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLAN - Page 16 -Item #2. 10/26/2020 Georgia Department of Transportation One Georgia Center 600 West Peachtree NW Atlanta, GA 30308 To Whom it May Concern, Fort Pulaski National Monument strongly supports the designation of the Tybee Road Scenic Byway as part of the Georgia Scenic Byway program. The proposed Tybee Road Scenic Byway is an 11-mile section of US 80 running from Turner’s Creek just east of Bryan Woods Road to the end of US 80 on Tybee Island. The nominated section represents the eastern end of historic Victory Drive, a World War I memorial route, and presents a unique combination of marsh and water, history and recreation. As almost half of the route is within the external boundaries of Fort Pulaski National Monument, this designation will provide an opportunity to seamlessly connect the park with our gateway communities and is consistent with the park’s 2013 General Management Plan. Fort Pulaski looks forward to working with the Steering committee to develop and promote the long term management strategy for the Byway. Sincerely, Melissa Memory Superintendent United States Department of the Interior NATIONAL PARK SERVICE Fort Pulaski National Monument P.O. Box 30757 Savannah, Georgia 31410 Letter of Support:Letter of Support: PAGE 16 PAGE 17 TYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLANTYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLAN - Page 17 -Item #2. Public Meeting Notice:Notice to Property Owners: PAGE 18 PAGE 19 TYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLANTYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLAN - Page 18 -Item #2. Historic Resources:Members of the Steering Committee: Recognition: National Register Historic districts on Tybee Island: Fort Screven Historic District Back River Historic District Strand Cottages Historic District Individual properties on the National Register: Sea View Apartments, 7 18th St. Mulherin-Righton Raised Tybee Cottage, 14 8th Place Johnson Raised Tybee Cottage, 1306 Jones Ave. Dutton-Waller Raised Tybee Cottage, 1416 Chatham Ave. Morgan-Ille Cottage, 702 Second Ave. Rourke-Butler Raised Tybee Cottage, 702 14th St. Carbo Boarding House, 9 Tybrisa St. Wallis Cottage/Beach View Hotel, 1701 Butler Ave. Weil House, 802 14th St. Abrahams-Levy Raised Tybee Cottage, 4 8th St. Source: Quatrefoil Historic Preservation Consulting Jan Will, current or former member of the Tybee Island Historic Preservation Commission. Alan Robertson, current or former member of the Tybee Island Planning Commission. David McNaughton, nominating sponsor and current or former member of the Tybee Island Planning Commission. Our appreciation and thanks to: the City of Tybee Island, the Chatham County Savannah Metropolitan Planning Commission, the National Park Service, and especially to Professor Angela Horne of Georgia Southern University and the facilities provided by the Armstrong Campus of Georgia Southern. Sources: Georgia Historical Society, City of Tybee Island, Georgia Department of Transportation, The Colonial Records of the State of Georgia, the Chatham County Savannah Metropolitan Planning Commission, the Armstrong Campus of Georgia Southern University, Tybee Island Historical Society, Tybee Island Public Library and the National Park Service. Cover Art: Original hand painted photo by Robert C. Morris PAGE 20 PAGE 21 TYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLANTYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLAN - Page 19 -Item #2. Photo Credit: Cara Stout PAGE 22 TYBEE ROAD SCENIC BYWAY, CORRIDOR MANAGEMENT PLAN - Page 20 -Item #2. File Attachments for Item: 3. Permission to Seek Bids for the Paving of South-end Parking Lot - Page 21 -Item #3. - Page 22 -Item #3. C:\Windows\TEMP\Tmpf6a0.Tmp 1 City of Tybee Island Memorandum To: City of Tybee Island City Council Members From: Pete Gulbronson, City Engineer/Director of Infrastructure Date: March 22, 2021 Re: Permission to Seek Bids for the Paving of South End Parking Lots Background On March 19, 2021 Shawn Gillen, Barry Brown, Jay Burke, Mayor Shirley Sessions, Concerned Citizens and myself attended a meeting at the south end of the Island to discuss public safety and parking concerns in the three south end parking lots, 19th Street, butler Avenue, and Chatham Avenue. The residents were concerned that the public is parking wherever they can find a spot creating congestion, which in turn causes access issues for emergency vehicles and access to their properties. Overview Currently all three parking lots are gravel with no designated parking areas. The proposal is to pave all three lots with an asphaltic surface and stripe the lots with designated parking spots. By creating designated parking stalls, it will ease the congestion in the parking lots and surrounding areas and make it easier for emergency vehicles to access the parking lots if necessary. All three lots have poor drainage and mist be re-graded on a monthly basis. By paving these three parking lots, the City would reduce the amount of time and money spent on maintenance. Summary I have attached a preliminary plan depicting the proposed layout of the parking stalls and cost estimates for paving the lots. With this layout we can get 33 parking stalls in the 19th Street lot, 12 parking stalls in the Butler Avenue lot, and 30 stalls in the Chatham Avenue parking lot. I have also included two options for the paving of the existing parking lots. Option #1 would to pave with a 3-inch asphaltic surface and the estimated cost for that is $165,000. Option #2 is to pave with a 4-inch asphaltic surface and that option has an estimated cost of $200,000. Recommended Next Steps: If permission is granted to seek bids to pave the three existing parking lots, I would create a bid package consisting of plans and specifications. Once this bid package is completed I would advertise and solicit bids. If the bids came within the estimated cost, I would ask the Council to do a budget amendment and allow the parking lots to be paved as soon as possible. - Page 23 -Item #3. COST ESTIMATE TO PAVE SOUTH END PARKING LOTS UNIT COSTS:CONVERSION FACTORS ASPHALT PAVEMENT $125.00 PER TON 110#/S.Y./IN TACK COAT $3.50 PER GAL 0.065 GAL/S.Y. 3/4" C.A.B.C.$15.00 PER TON 2 TONS/C.Y. FINE GRADING $10.00 PER S.Y. AREA SQAURE FEET SQUARE YARDS POUNDS TONS COST GALLONS COST CUBIC YARDS TONS COST SQUARE YARDS COSTS TOTAL COSTS 19TH STREET PARKING LOT 15,400.00 1,711.11 564,666.67 282.33 $35,291.67 111.22 $389.28 0.00 0.00 $0.00 1,711.11 $17,111.11 $52,792.06 BUTLER AVENUE PARKING LOT 6,050.00 672.22 221,833.33 110.92 $13,864.58 43.69 $152.93 0.00 0.00 $0.00 672.22 $6,722.22 $20,739.74 CHATHAM AVENUE PARKING LOT 14,300.00 1,588.89 524,333.33 262.17 $32,770.83 103.28 $361.47 0.00 0.00 $0.00 1,588.89 $15,888.89 $49,021.19 19TH STREET - (CHATHAM TO BUTLER)4,200.00 466.67 154,000.00 77.00 $9,625.00 30.33 $106.17 0.00 0.00 $0.00 466.67 $4,666.67 $14,397.83 39,950.00 4,438.89 1,464,833.33 732.42 $91,552.08 288.53 $1,009.85 0.00 0.00 0.00 4,438.89 $44,388.89 $136,950.82 GRAND TOTAL AREA SQAURE FEET SQUARE YARDS POUNDS TONS COST GALLONS COST CUBIC YARDS TONS COST SQUARE YARDS COSTS TOTAL COSTS 19TH STREET PARKING LOT 15,400.00 1,711.11 752,888.89 376.44 $47,055.56 111.22 $389.28 0.00 0.00 $0.00 1,711.11 $17,111.11 $64,555.94 BUTLER AVENUE PARKING LOT 6,050.00 672.22 295,777.78 147.89 $18,486.11 43.69 $152.93 0.00 0.00 $0.00 672.22 $6,722.22 $25,361.26 CHATHAM AVENUE PARKING LOT 14,300.00 1,588.89 699,111.11 349.56 $43,694.44 103.28 $361.47 0.00 0.00 $0.00 1,588.89 $15,888.89 $59,944.81 19TH STREET - (CHATHAM TO BUTLER)4,200.00 466.67 205,333.33 102.67 $12,833.33 30.33 $106.17 0.00 0.00 $0.00 466.67 $4,666.67 $17,606.17 SUB TOTALS 39,950.00 4,438.89 1,953,111.11 976.56 $122,069.44 288.53 $1,009.85 0.00 0.00 $0.00 4,438.89 $44,388.89 $167,468.18 GRAND TOTAL PAVING PARKING LOTS WITH 3-INCHES THICK ASPHALTIC PAVEMENT PAVING PARKING LOTS WITH 4-INCHES THICK ASPHALTIC PAVEMENT PAVED MEASURED AREA PAVEMENT COSTS TACK COAT COSTS BASE COURSE COSTS GRADING COSTS PAVED MEASURED AREA TACK COAT COSTS GRADING COSTSPAVEMENT COSTS BASE COURSE COSTS - Page 24 -Item #3. File Attachments for Item: 4. Jen Amerell: Water/Sewer Utility Rate: Proposed Rate Structure - Page 25 -Item #4. - Page 26 -Item #4. - Page 27 -Item #4. - Page 28 -Item #4. - Page 29 -Item #4. - Page 30 -Item #4. - Page 31 -Item #4. - Page 32 -Item #4. File Attachments for Item: 6. Second Reading, 2021-08, Chapter 26 - Fire Prevention and Protection - Page 33 -Item #6. ORDINANCE NO 2021-08 AN ORDINANCE TO AMEND SECTION OF CHAPTER 26 OF THE CODE OF ORDINANCE OF THE CITY IN ORDER TO MAKE REVISIONS THEREOF AND TO CLARIFY CERTAIN PROVISIONS, TO CORRECT ERRORS AND TO ADD PROVISIONS IN CHAPTER 26 REGARDING FIRE PREVENTION AND PROTECTION, TO ESTABLISH AN EFFECTIVE DATE AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia is authorized under Article 9, Section , Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinance 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, members of the public and staff designated as the “Code Review Group” worked diligently and in detail to review the entire City Code and to make recommendations for clarifications and improvements therein; and WHEREAS, the City Council desires to adopt changes to the Code as recommended by the Code Review Group; and WHEREAS, the efforts of the Code Review Group are recognized, appreciated and intended to be implemented. NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: - Page 34 -Item #6. SECTION I Those sections listed below are to be amended so as to be worded as stated on the attached revisions to sections: 26-5; 26-6; 26-36; 26-41; 26-42l 26- 69; and 26-70. SECTION II All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION III It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION IV This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. The Ordinance shall become effective on _____ day of ______ 2021. ADOPTED THIS _____ DAY OF _______, 2021. ________________________ MAYOR - Page 35 -Item #6. ATTEST: _________________________ CLERK OF COUNCIL FIRST READING: March 25, 2021 SECOND READING:______________ - Page 36 -Item #6. Chapter 26 - FIRE PREVENTION AND PROTECTION ARTICLE I. - IN GENERAL Sec. 26-1. - Tampering with a fire hydrant prohibited. It shall be unlawful for any person to tamper with, damage or cause to be damaged any fire hydrant within the corporate limits of the city. For purposes of this section, the term "tampering" shall mean any act directed toward the opening, the defacing or the removing of any part of a fire hydrant that interrupts or interferes with the general and specific function of that hydrant as furnishing a source of water for firefighting purposes. Nothing contained within this section shall prohibit those members of the fire department from acting in their official capacity, nor shall it prohibit other persons specifically authorized by the city manager to use the fire hydrants. (Code 1970, § 7-8; Code 1983, § 4-2-5) Sec. 26-2. - Tampering with alarm system. It shall be unlawful for any person to willfully, maliciously or mischievously interfere or tamper with any fire alarm box or any of the appliances or apparatus connected therewith, located within the corporate limits. (Code 1983, § 4-2-6) Sec. 26-3. - Driving over fire hose. No person shall drive or operate any vehicle at any time over or across any fire hose in or upon the streets, alleys, sidewalks or public ways of the city at any place where this hose is being used by the fire department. (Code 1983, § 4-2-7) Sec. 26-4. - Interfering with equipment. No person other than a duly enrolled member of the fire department shall ride upon the fire trucks of the city at any time, nor use, borrow or interfere with any fire department equipment, or attempt to use the equipment at the scene of a fire unless authorized to do so by the fire chief. (Code 1983, § 4-2-8) Sec. 26-5. - False fire alarms. It shall be unlawful for any person to willfully, maliciously or mischievously turn or give or cause to be turned in or given a false fire alarm within the corporate limits.[TO1] - Page 37 -Item #6. (Code 1983, § 4-2-9) Sec. 26-6. - Propane gas tanks; identified; inventoried; updated. [TO2] (a) Each aboveground propane gas tank that is owned by a propane gas firm shall be identified with the name of the firm, and firm's telephone number. It shall be the responsibility of the propane gas firm to inventory each tank that the distributor services; letter each with the name of the distributor's firm and 24 hour emergency telephone number; record it; and provide the city marshal with the original copy of the inventory with updates as they occur. Distributors shall include the location of underground propane gas tanks on their lists, but do not have to mark the tanks. (b) Each propane gas tank serviced by a distributor but owned by the resident shall be so identified on the distributor's inventory. Neither the distributors nor the owners need letter these propane gas tanks, unless the owners and distributors so agree. (Code 1983, § 4-2-10) Secs. 26-7—26-35. - Reserved. ARTICLE II. - FIRE DEPARTMENT Sec. 26-36. - Office of chief created. The office of chief of the fire department is created [why? Recommend delete.]The chief shall be appointed nominated by the city manager which nomination shall be confirmed by city council. (Code 1983, § 4-2-1) Sec. 26-37. - Department controlled by chief. The fire chief shall direct all employees and activities of the city fire department involving the effective operations of the fire and first responder functions, under the general direction of the city manager. (Code 1983, § 4-2-2) Sec. 26-38. - Volunteers—Compensation. All work or services done by volunteers shall be without compensation unless otherwise authorized by the city manager or his designee. (Code 1983, § 4-2-3) Sec. 26-39. - Same—Employee status for purposes of workers' compensation. - Page 38 -Item #6. All persons designated as firefighters and who are engaged in any capacity in firefighting activities on behalf of the city are designated and classified as municipal employees to the extent that any accident in which they may be involved while engaged in firefighting activities on behalf of this municipality shall be covered by all provisions of the workers' compensation acts and state statutes. (Code 1983, § 4-2-3.1) Sec. 26-40. - Same—Under direction of chief; consent to engage in work. All persons volunteering for service in the fire department or engaged in the work of the department shall be under the sole direction and control of the fire chief during the period of that work or service, except that the absence of a member at two consecutive meetings of the department may be grounds for his removal by the governing body. No person is to engage or do any work of the department without the consent of the chief, and no person is to become a member of the department without having been approved by the city manager. (Code 1983, § 4-2-4) Sec. 26-421. - Fire subscription rates. (a) Schedule of fees. Fees for subscribers and fees for nonsubscribers shall be according to the annual fee schedule on file with the clerk of council. For the years 2014 and beyond, each January, the subscription rate and fees for nonsubscribers shall be adjusted by the change in the consumer price index for the immediate 12- month period. As used herein, "consumer price index" shall mean and refer to that table in the consumer price index published by the United States Department of Labor, Bureau of Labor Statistics, known as the "consumer price index" for all urban consumers. If such index referred to shall be discontinued, then any successor consumer price index of the United States Bureau of Labor Statistics, or successor agency thereto, shall be utilized. (b) Exemption from subscription fee. Active members of the city fire department and retired members of the city fire department or their widows. (c) Time period. The subscription rate shall be for the calendar year from January 1 to December 31. This fee is nontransferable and is not pro-ratable. (Code 1983, § 4-2-11; Ord. No. 37-2013, § 1, 12-12-2013) Sec. 26-412. - Fire subscription available outside city limits; agreement and payment. (a) Property owners living outside the city limits in unincorporated areas of the City may subscribe for fire services. Service is to be provided when available under normal operating conditions. - Page 39 -Item #6. (b) Subscribers must sign an annual subscription agreement and prepay the annual subscription fee. (c) In the event a non-subscriber is provided services by the city fire department, the owner/occupant of the property shall be responsible for reimbursing the city for the cost involved in providing fire fighting or other emergency services on an hourly basis at the then current rate of service provided by the department. [Recommend reverse these two sections, stating who is eligible, then fees. Recommend flat fee specified annually, not tied to CPI. Recommend language change shown to define who eligible.] (Code 1983, § 4-2-2012; Ord. No. 36-2013, § 1, 12-12-2013) Secs. 26-43—26-68. - Reserved. ARTICLE III. - FIRE PREVENTION CODE[1] Footnotes: --- (1) --- Editor's note— Ord. No. 25-2012, adopted August 23, 2012, amended art. III in its entirety to read as herein set out. Former art. III, §§ 26-69—26-71, pertained to similar subject matter, and derived from Code 1970, § 7-4; Code 1983, §§ 4-2-21, 4-2-24, 4-2- 25. Sec. 26-69. - Adoption. There is adopted by the city [TO3]for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code [this Chapter? There is no other] International Fire Code, as may be amended, or by specific modifications as per section 26-70 which code and amendments not less than three copies have been and now are on file in the office of the clerk of council, and this code is adopted and incorporated fully as if set out at length herein, and from the date on which this article shall take effect, the provisions thereof shall be controlling within the limits of the city. (Ord. No. 25-2012, 8-23-2012) Sec. 26-70. - Amendments and modifications to Fire Prevention Code. The following provisions shall amend and modify the provisions of the Fire Prevention Code and, if in conflict with the provisions of the Fire Prevention Code International Fire Code, shall control and prevail: - Page 40 -Item #6. (1) No building or structure shall be erected hereafter closer than ten feet (measured from the closest point of the structure footprint to the property line) to the adjacent property line except the following: a. An accessory building not more than one story in height, located on the same lot with a dwelling, provided that building shall be placed at least five feet from any lot line. b. A building so constructed that the exterior walls that adjoin adjacent property be built to form a firewall and/or have a sprinkler system installed. (2) The walls that separate units in any building constructed with two or more units that may be sold as individual units, such as in condominiums, shall be firewalls. (3) Where more than one building or structure is built on a single lot, there shall be a minimum distance of ten feet between structures unless separated by firewalls. (4) Any building erected with the purpose of accommodating more than one commercial establishment shall have firewalls to separate each establishment unit. (5) Wood shingles, treated or untreated, shall not be accepted as an approved material for a roof covering. All roofing shall be classified a class A, class B or class C under the test specifications of Underwriter's Laboratories, Inc. (6) Any person or entity owning or operating business or commercial buildings shall be governed by the standards provided by the International Fire Code, Life Safety Code, and other standards as adopted. (7) Common walls, that separate two or more units or two or more stories in a multi-unit structure, shall be firewalls. (8) In all multi-family structures of two or more units, each dwelling unit shall be separated as required by the following: a. Two family structures shall be separated as required by the latest edition of the International Residential Code as adopted. b. Multi-family structures shall be separated as required by the latest edition of the International Building Code and the International Fire Code as adopted. (Ord. No. 25-2012, 8-23-2012) Sec. 26-71. - Fires made within city prohibited; exceptions. (a) It shall be unlawful for any person to build or make fires within the city except as follows: (1) Outdoor fires are to be used only for cooking and/or warmth; - Page 41 -Item #6. 4811‐8689‐9681.1  (2) Outdoor fires are only to be built with the permission and under the supervision of the property owner or occupant or, if on public property, must be approved in advance by the city manager; (3) There must be an adequate water supply immediately available; and (4) Picnic grilling in city parks is allowed. (b) This section is not to be construed to prohibit outdoor functions involving cooking such as oyster roasts, barbeques, etc. Further, outdoor fires in approved containment devices shall be permissible on the premises of commercial establishments subject, however, to all ordinances prohibiting the creation or maintenance of a nuisance and subject to the conditions stated herein. (Ord. No. 25-2012, 8-23-2012; Ord. No. 20-2013, § 1, 7-11-2013) - Page 42 -Item #6. Chapter 26 - FIRE PREVENTION AND PROTECTION ARTICLE I. - IN GENERAL Sec. 26-1. - Tampering with a fire hydrant prohibited. It shall be unlawful for any person to tamper with, damage or cause to be damaged any fire hydrant within the corporate limits of the city. For purposes of this section, the term "tampering" shall mean any act directed toward the opening, the defacing or the removing of any part of a fire hydrant that interrupts or interferes with the general and specific function of that hydrant as furnishing a source of water for firefighting purposes. Nothing contained within this section shall prohibit those members of the fire department from acting in their official capacity, nor shall it prohibit other persons specifically authorized by the city manager to use the fire hydrants. (Code 1970, § 7-8; Code 1983, § 4-2-5) Sec. 26-2. - Tampering with alarm system. It shall be unlawful for any person to willfully, maliciously or mischievously interfere or tamper with any fire alarm box or any of the appliances or apparatus connected therewith, located within the corporate limits. (Code 1983, § 4-2-6) Sec. 26-3. - Driving over fire hose. No person shall drive or operate any vehicle at any time over or across any fire hose in or upon the streets, alleys, sidewalks or public ways of the city at any place where this hose is being used by the fire department. (Code 1983, § 4-2-7) Sec. 26-4. - Interfering with equipment. No person other than a duly enrolled member of the fire department shall ride upon the fire trucks of the city at any time, nor use, borrow or interfere with any fire department equipment, or attempt to use the equipment at the scene of a fire unless authorized to do so by the fire chief. (Code 1983, § 4-2-8) Sec. 26-5. - False fire alarms. It shall be unlawful for any person to willfully, maliciously or mischievously turn or give or cause to be turned in or given a false fire alarm within the corporate limits. - Page 43 -Item #6. (Code 1983, § 4-2-9) Sec. 26-6. - Propane gas tanks; identified; inventoried; updated. (a) Each aboveground propane gas tank that is owned by a propane gas firm shall be identified with the name of the firm, and firm's telephone number. It shall be the responsibility of the propane gas firm to inventory each tank that the distributor services; letter each with the name of the distributor's firm and 24 hour emergency telephone number; record it; and provide the city marshal with the original copy of the inventory with updates as they occur. Distributors shall include the location of underground propane gas tanks on their lists, but do not have to mark the tanks. (b) Each propane gas tank serviced by a distributor but owned by the resident shall be so identified on the distributor's inventory. Neither the distributors nor the owners need letter these propane gas tanks, unless the owners and distributors so agree. (Code 1983, § 4-2-10) Secs. 26-7—26-35. - Reserved. ARTICLE II. - FIRE DEPARTMENT Sec. 26-36. - Office of chief created. The chief shall be nominated by the city manager which nomination shall be confirmed by city council. (Code 1983, § 4-2-1) Sec. 26-37. - Department controlled by chief. The fire chief shall direct all employees and activities of the city fire department involving the effective operations of the fire and first responder functions, under the general direction of the city manager. (Code 1983, § 4-2-2) Sec. 26-38. - Volunteers—Compensation. All work or services done by volunteers shall be without compensation unless otherwise authorized by the city manager or his designee. (Code 1983, § 4-2-3) Sec. 26-39. - Same—Employee status for purposes of workers' compensation. - Page 44 -Item #6. All persons designated as firefighters and who are engaged in any capacity in firefighting activities on behalf of the city are designated and classified as municipal employees to the extent that any accident in which they may be involved while engaged in firefighting activities on behalf of this municipality shall be covered by all provisions of the workers' compensation acts and state statutes. (Code 1983, § 4-2-3.1) Sec. 26-40. - Same—Under direction of chief; consent to engage in work. All persons volunteering for service in the fire department or engaged in the work of the department shall be under the sole direction and control of the fire chief during the period of that work or service, except that the absence of a member at two consecutive meetings of the department may be grounds for his removal by the governing body. No person is to engage or do any work of the department without the consent of the chief, and no person is to become a member of the department without having been approved by the city manager. (Code 1983, § 4-2-4) Sec. 26-42. - Fire subscription rates. (a) Schedule of fees. Fees for subscribers and fees for nonsubscribers shall be according to the annual fee schedule on file with the clerk of council. (b) Exemption from subscription fee. Active members of the city fire department and retired members of the city fire department or their widows. (c) Time period. The subscription rate shall be for the calendar year from January 1 to December 31. This fee is nontransferable and is not pro-ratable. (Code 1983, § 4-2-11; Ord. No. 37-2013, § 1, 12-12-2013) Sec. 26-41. - Fire subscription available outside city limits; agreement and payment. (a) Property owners living in unincorporated areas of the City may subscribe for fire services. Service is to be provided when available under normal operating conditions. (b) Subscribers must sign an annual subscription agreement and prepay the annual subscription fee. (c) In the event a non-subscriber is provided services by the city fire department, the owner/occupant of the property shall be responsible for reimbursing the city for the cost involved in providing firefighting or other emergency services on an hourly basis at the then current rate of service provided by the department. (Code 1983, § 4-2-2012; Ord. No. 36-2013, § 1, 12-12-2013) - Page 45 -Item #6. Secs. 26-43—26-68. - Reserved. ARTICLE III. - FIRE PREVENTION CODE[1] Footnotes: --- (1) --- Editor's note— Ord. No. 25-2012, adopted August 23, 2012, amended art. III in its entirety to read as herein set out. Former art. III, §§ 26-69—26-71, pertained to similar subject matter, and derived from Code 1970, § 7-4; Code 1983, §§ 4-2-21, 4-2-24, 4-2- 25. Sec. 26-69. - Adoption. There is adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the International Fire Code, as may be amended, or by specific modifications as per section 26-70 which code and amendments not less than three copies have been and now are on file in the office of the clerk of council, and this code is adopted and incorporated fully as if set out at length herein, and from the date on which this article shall take effect, the provisions thereof shall be controlling within the limits of the city. (Ord. No. 25-2012, 8-23-2012) Sec. 26-70. - Amendments and modifications to Fire Prevention Code. The following provisions shall amend and modify the provisions of the Fire Prevention Code and, if in conflict with the provisions of the International Fire Code, shall control and prevail: (1) No building or structure shall be erected hereafter closer than ten feet (measured from the closest point of the structure footprint to the property line) to the adjacent property line except the following: a. An accessory building not more than one story in height, located on the same lot with a dwelling, provided that building shall be placed at least five feet from any lot line. b. A building so constructed that the exterior walls that adjoin adjacent property be built to form a firewall and/or have a sprinkler system installed. (2) The walls that separate units in any building constructed with two or more units that may be sold as individual units, such as in condominiums, shall be firewalls. (3) Where more than one building or structure is built on a single lot, there shall be a minimum distance of ten feet between structures unless separated by firewalls. - Page 46 -Item #6. 4811‐8689‐9681.1  (4) Any building erected with the purpose of accommodating more than one commercial establishment shall have firewalls to separate each establishment unit. (5) Wood shingles, treated or untreated, shall not be accepted as an approved material for a roof covering. All roofing shall be classified a class A, class B or class C under the test specifications of Underwriter's Laboratories, Inc. (6) Any person or entity owning or operating business or commercial buildings shall be governed by the standards provided by the International Fire Code, Life Safety Code, and other standards as adopted. (7) Common walls, that separate two or more units or two or more stories in a multi-unit structure, shall be firewalls. (8) In all multi-family structures of two or more units, each dwelling unit shall be separated as required by the following: a. Two family structures shall be separated as required by the latest edition of the International Residential Code as adopted. b. Multi-family structures shall be separated as required by the latest edition of the International Building Code and the International Fire Code as adopted. (Ord. No. 25-2012, 8-23-2012) Sec. 26-71. - Fires made within city prohibited; exceptions. (a) It shall be unlawful for any person to build or make fires within the city except as follows: (1) Outdoor fires are to be used only for cooking and/or warmth; (2) Outdoor fires are only to be built with the permission and under the supervision of the property owner or occupant or, if on public property, must be approved in advance by the city manager; (3) There must be an adequate water supply immediately available; and (4) Picnic grilling in city parks is allowed. (b) This section is not to be construed to prohibit outdoor functions involving cooking such as oyster roasts, barbeques, etc. Further, outdoor fires in approved containment devices shall be permissible on the premises of commercial establishments subject, however, to all ordinances prohibiting the creation or maintenance of a nuisance and subject to the conditions stated herein. (Ord. No. 25-2012, 8-23-2012; Ord. No. 20-2013, § 1, 7-11-2013) - Page 47 -Item #6. File Attachments for Item: 7. Second Reading, 2021-09, Chapter 30, Law Enforcement - Page 48 -Item #7. ORDINANCE NO 2021-09 AN ORDINANCE TO AMEND SECTION OF CHAPTER 30 OF THE CODE OF ORDINANCE OF THE CITY IN ORDER TO MAKE REVISIONS THEREOF AND TO CLARIFY CERTAIN PROVISIONS, TO CORRECT ERRORS AND TO ADD PROVISIONS IN CHAPTER 30 REGARDING LAW ENFORCEMENT TO ESTABLISH AN EFFECTIVE DATE AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia is authorized under Article 9, Section , Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinance 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, members of the public and staff designated as the “Code Review Group” worked diligently and in detail to review the entire City Code and to make recommendations for clarifications and improvements therein; and WHEREAS, the City Council desires to adopt changes to the Code as recommended by the Code Review Group; and WHEREAS, the efforts of the Code Review Group are recognized, appreciated and intended to be implemented. NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: - Page 49 -Item #7. SECTION I Those sections listed below are to be amended so as to be worded as stated on the attached revisions to sections: 30-24; 30-25; and 30-27. SECTION II Chapter 1 – General Provisions shall be added as follows: Sec 1.2 – Definitions and rules of construction. Peace Officer – The term “peace officer” shall include police officers, peace officers as defined by state law and to the extent appropriate code enforcement officers and personnel to include the city marshal. SECTION III All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION IV It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION V This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. The Ordinance shall become effective on _____ day of ______ 2021. - Page 50 -Item #7. ADOPTED THIS _____ DAY OF _______, 2021. ________________________ MAYOR ATTEST: _________________________ CLERK OF COUNCIL FIRST READING: ___03/25/21 ____ SECOND READING:______________ 03.26.21 Ordinance 2021-09 Law Enforcement V2 - Page 51 -Item #7. Chapter 30 - LAW ENFORCEMENT ARTICLE I. - IN GENERAL Secs. 30-1—30-23. - Reserved. ARTICLE II. - POLICE DEPARTMENT Sec. 30-24. - Chief of police; creation and powers and duties. The police chief shall be nominated by the city manager which nomination shall be confirmed by the city council. The chief of police plans, directs, organizes and coordinates the activities of the city police department in accordance with city ordinances and state law under the general supervision of the city manager. (Code 1983, § 4-1-1) Sec. 30-25. - Patrol and arrest powers. The police officers of the city shall be clothed , granted, in addition to such authority as shall be given by the mayor and council, with all the authority as to the enforcement of the law, the preservation of the peace and the upholding of the dignity of the state and the city as municipal police officers and other law enforcement and peace officers are now hold clothed by law and it shall be the duty of such city police officers to patrol the city as they shall be directed; to enforce all rules and ordinances as shall be made and promulgated by the mayor and council; to arrest persons for violations of state laws, city or county ordinances, or who are charged with violations of state laws, city or county ordinances; to execute criminal warrants; to preserve order; to discharge in the city such duties as are usually performed by police in cities and other peace officers , and generally to obey all lawful orders of the city. (Code 1983, § 4-1-2) Sec. 30-26. - Officer restrictions—Use of ID cards, badges. (a) No police officer shall use official position or official identification cards or badges: (1) For personal or financial gain; (2) For obtaining privileges not otherwise available to the officer except in the performance of duty; or (3) For avoiding consequences of illegal acts. (b) Police officers may not lend their identification cards or badges to another person, or permit them to be photographed or reproduced without the approval of the chief. (Code 1983, § 4-1-3) - Page 52 -Item #7. 4833‐5961‐4433.1  Sec. 30-27. -– SameOfficer Restrictions—Relating to certain charges. Police officers shall not convert to their own use, manufacture, conceal, falsify, destroy, remove, tamper with, or withhold evidence or information or make false accusations of a criminal or traffic charge. (Code 1983, § 4-1-4) - Page 53 -Item #7. CHAPTER 1 – GENERAL PROVISIONS Sec. 1-2. – Definitions and rules of construction Peace Officer - The term “peace officer” shall include police officers, peace officers as defined by state law and to the extent appropriate code enforcement officers and personnel to include the city marshal. - Page 54 -Item #7. Chapter 30 - LAW ENFORCEMENT ARTICLE I. - IN GENERAL Secs. 30-1—30-23. - Reserved. ARTICLE II. - POLICE DEPARTMENT Sec. 30-24. - Chief of police; creation and powers and duties. The police chief shall be nominated by the city manager which nomination shall be confirmed by the city council. The chief of police plans, directs, organizes and coordinates the activities of the city police department in accordance with city ordinances and state law under the general supervision of the city manager. (Code 1983, § 4-1-1) Sec. 30-25. - Patrol and arrest powers. The police officers of the city shall be granted, in addition to such authority as shall be given by the mayor and council, all the authority as to the enforcement of the law, the preservation of the peace and the upholding of the dignity of the state and the city as municipal police officers and other law enforcement and peace officers now hold and it shall be the duty of such city police officers to patrol the city as they shall be directed; to enforce all rules and ordinances as shall be made and promulgated by the mayor and council; to arrest persons for violations of state laws, city or county ordinances, or who are charged with violations of state laws, city or county ordinances; to execute criminal warrants; to preserve order; to discharge in the city such duties as are usually performed by police in cities and generally to obey all lawful orders of the city. (Code 1983, § 4-1-2) Sec. 30-26. - Officer restrictions—Use of ID cards, badges. (a) No police officer shall use official position or official identification cards or badges: (1) For personal or financial gain; (2) For obtaining privileges not otherwise available to the officer except in the performance of duty; or (3) For avoiding consequences of illegal acts. (b) Police officers may not lend their identification cards or badges to another person, or permit them to be photographed or reproduced without the approval of the chief. (Code 1983, § 4-1-3) - Page 55 -Item #7. 4833‐5961‐4433.1  Sec. 30-27. –Officer Restrictions—Relating to certain charges. Police officers shall not convert to their own use, manufacture, conceal, falsify, destroy, remove, tamper with, or withhold evidence or information or make false accusations of a criminal or traffic charge. (Code 1983, § 4-1-4) - Page 56 -Item #7. CHAPTER 1 – GENERAL PROVISIONS Sec. 1-2. – Definitions and rules of construction Peace Officer - The term “peace officer” shall include police officers, peace officers as defined by state law and to the extent appropriate code enforcement officers and personnel to include the city marshal. - Page 57 -Item #7. File Attachments for Item: 8. Second Reading, 2021-10, Sec II, Sec 6-14, Insurance Requirements and Safe Serve for all Alcohol Serving Licensees - Page 58 -Item #8. ORDINANCE NO.: 2021-______ AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND TO PROVIDE FOR REVISIONS TO THE CODE RELATING TO ALCOHOL LICENSES INCLUDING DOCUMENTATION ON INSURANCE AND TRAINING OF SERVERS OF ALCOHOLIC BEVERAGES; TO ESTABLISH AN EFFECTIVE DATE AND TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES 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 City of Tybee Island has, within its boundaries, certain businesses which engage in the sale of alcoholic beverages either as package sales and/or for consumption on the premises; and WHEREAS, certain portions of the existing ordinances of the City are outdated and need to be revised and deleted; and WHEREAS, a working group of staff and volunteer as well as an elected official participated in a review of the Code and recommended certain changes; and WHEREAS, the Council is desirous of implementing the clarifications of the Code as recommended by the group that reviewed the Code and to make other changes as appropriate therein. NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: SECTION 1 Sec. 6-6. - Same—Employees. Formatted: Centered - Page 59 -Item #8. X:\Clients\000572\000572\000023 - Alcohol\2021 Alcohol Ordinance - Insurance and Servers.docx All employees who pour or serve alcoholic beverages shall, within 72 hours 21 days after the date of their first day of work in a n establishment business covered under the terms of this article, submit themselves for fingerprinting as provided by law and in accordance with city procedures as directed by the city manager. secure a certificate showing completion of a server training program as approved by the City Manager or his designee. The employee must complete a server training program every two years and obtain a new certificate of completion each time. Licensee is to maintain a copy of the certificates of all employees who are required to attend mandatory server training and a copy of any government issued photo identification. Upon request of an officer of the City Police Department or a Code Enforcement Officer, the Licensee or manager on duty must present documentation establishing the employees on duty have the requisite certificate showing completion of the server training. (Code 1983, § 9-2-7; Ord. No. 6-2019 , § 2, 4-25-2019) SECTION II Secs. 6-14—6-47. - Reserved. Sec. 6-14 Insurance Requirements for all Licensees Applicants for a permit or license under Article II – Liquor Permits and Article III- Malt Beverage Licenses and Permits shall file with their application a certificate of liquor liability insurance (dram shop), in effect for the license period and issued by an insurer required to be licensed pursuant to state law, providing an annual aggregate policy limit for dram shop insurance of not less than $1,000,000.00 per policy year. A 30-day notice of cancellation in favor of the City must be endorsed to the policy and attached to the certificate on insurance. SECTION III All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION IV It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Centered Formatted: Underline Formatted: Font: (Default) Times New Roman Formatted: Space After: 0 pt, Line spacing: single - Page 60 -Item #8. of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION V This Ordinance shall become effective on 1st day of January, 2022. ADOPTED THIS ____ DAY OF _________________, 2021. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman - Page 61 -Item #8. ORDINANCE NO.: 2021-______ AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND TO PROVIDE FOR REVISIONS TO THE CODE RELATING TO ALCOHOL LICENSES INCLUDING DOCUMENTATION ON INSURANCE AND TRAINING OF SERVERS OF ALCOHOLIC BEVERAGES; TO ESTABLISH AN EFFECTIVE DATE AND TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES 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 City of Tybee Island has, within its boundaries, certain businesses which engage in the sale of alcoholic beverages either as package sales and/or for consumption on the premises; and WHEREAS, certain portions of the existing ordinances of the City are outdated and need to be revised and deleted; and WHEREAS, a working group of staff and volunteer as well as an elected official participated in a review of the Code and recommended certain changes; and WHEREAS, the Council is desirous of implementing the clarifications of the Code as recommended by the group that reviewed the Code and to make other changes as appropriate therein. NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: - Page 62 -Item #8. SECTION 1 Sec. 6-6. - Same—Employees. All employees who pour or serve alcoholic beverages shall, within 21 days after the date of their first day of work in a business covered under the terms of this article, secure a certificate showing completion of a server training program as approved by the City Manager or his designee. The employee must complete a server training program every two years and obtain a new certificate of completion each time. Licensee is to maintain a copy of the certificates of all employees who are required to attend mandatory server training and a copy of any government issued photo identification. Upon request of an officer of the City Police Department or a Code Enforcement Officer, the Licensee or manager on duty must present documentation establishing the employees on duty have the requisite certificate showing completion of the server training. (Code 1983, § 9-2-7; Ord. No. 6-2019 , § 2, 4-25-2019) SECTION II Sec. 6-14 Insurance Requirements for all Licensees Applicants for a permit or license under Article II – Liquor Permits and Article III- Malt Beverage Licenses and Permits shall file with their application a certificate of liquor liability insurance (dram shop), in effect for the license period and issued by an insurer required to be licensed pursuant to stat e law, providing an annual aggregate policy limit for dram shop insurance of not less than $1,000,000.00 per policy year. A 30-day notice of cancellation in favor of the City must be endorsed to the policy and attached to the certificate on insurance. SECTION III All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION IV It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code - Page 63 -Item #8. of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION V This Ordinance shall become effective on 1st day of January, 2022. ADOPTED THIS ____ DAY OF _________________, 2021. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: March 25, 2021 SECOND READING: ENACTED: - Page 64 -Item #8. File Attachments for Item: 9. Second Reading, 2021-11, Disaster Recovery, Emergency Management - Page 65 -Item #9. 20210401Edit.02 ORDINANCE NO 2021-11 AN ORDINANCE TO AMEND SECTION OF CHAPTER 18 OF THE CODE OF ORDINANCE OF THE CITY IN ORDER TO MAKE REVISIONS THEREOF AND TO CLARIFY CERTAIN PROVISIONS, TO CORRECT ERRORS AND TO ADD PROVISIONS IN CHAPTER 18 REGARDING EMERGENCY MANAGEMENT/DISASTER RECOVERY, TO ESTABLISH AN EFFECTIVE DATE AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia is authorized under Article 9, Section , Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinance 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, members of the public and staff designated as the “Code Review Group” worked diligently and in detail to review the entire City Code and to make recommendations for clarifications and improvements therein; and WHEREAS, the City Council desires to adopt changes to the Code as recommended by the Code Review Group; and WHEREAS, the efforts of the Code Review Group are recognized, appreciated and intended to be implemented. NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: - Page 66 -Item #9. 20210401Edit.02 SECTION I Title of the Chapter is changed to be Emergency Management/Disaster Recovery. SECTION II All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION III It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION IV This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. The Ordinance shall become effective on __8th_ day of April 2021. ADOPTED THIS 8th DAY OF April, 2021. ________________________ MAYOR ATTEST: _________________________ CLERK OF COUNCIL FIRST READING: _3/25/2021______ SECOND READING:__4/8/2021____ - Page 67 -Item #9. File Attachments for Item: 10. Second Reading, 2021-14, Sec 22-169, Debris Cover Violations - Page 68 -Item #10. ORDINANCE NO.: 2021-14 AN ORDINANCE TO AMEND SECTION 22-169 IN ORDER TO PROVIDE FOR A GRACE PERIOD FOR AN OWNER, CONTRACTOR OR REPRESENTATIVE AS APPROPRIATE PRIOR TO ENFORCEMENT RELATING TO DEBRIS COVER VIOLATIONS 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 NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 22-169 be amended so that hereafter it will read as follows: SECTION I On any construction site at which a container is used to store debris and trash during the project, whether such container be a dumpster or other container of any sort, following a 24 hour period of the placement of the dumpster or container on the construction site when active work ceases on the project for every day, or any given day, a secure cover shall be placed over the dumpster or container so as to prevent trash or construction debris to be subject to being blown out of the dumpster or container. SECTION II All ordinances and parts of ordinances in conflict herewith are expressly repealed. - Page 69 -Item #10. SECTION III It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of __________________, 2021. ADOPTED THIS __ DAY OF _______ , 2021. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: March 25, 2021 SECOND READING: ENACTED: - Page 70 -Item #10. File Attachments for Item: 11. First Reading, 2021-12, Chapter 46, Personnel - Page 71 -Item #11. ORDINANCE NO 2021-12 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND SO AS TO PROVIDE PROVISIONS REGARDING PERSONNEL AS WELL AS THE ADOPTION OF A PERSONNEL POLICY AND TO REPEAL INCONSISTENT OR CONFLICTING ORDINANCES AND TO ESTABLISH AN EFFECTIVE DATE WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia is authorized under Article 9, Section , Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinance 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 is committed to developing and following policies that ensure a safe and healthy work environment for its employees; and WHEREAS, the City believes strongly that all employees should be treated fairly and without any discrimination or harassment and that the City policies reflect these beliefs; and WHEREAS, the City believes a comprehensive personnel policy is the best way to ensure all necessary rules, requirements and standards of conduct are clearly set forth for the benefit of the City and its employees. NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: - Page 72 -Item #11. SECTION I The entire Chapter 46, Personnel, be repealed in its entirety. SECTION II The following new provisions are added to Chapter 46: Sec. 46 – 1. – Adoption of a Personnel Policy The City Manager shall require the Human Resources Director to prepare a Personnel Policy. The Personnel Policy will reflect all applicable State and local laws and regulations as well as all applicable Federal laws, regulations and standards. As required by Section 3.14 of the Charter, the Personnel Policy shall contain a position classification and pay plan. The Mayor and City Council shall approve the Personnel Policy which will then apply to all employees of the City of Tybee Island. Changes to the Personnel Policy must be approved by the Mayor and Council. SECTION III All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION IV It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION V This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. - Page 73 -Item #11. X:\Clients\000572\000572\000001 - Ordinances\ORDIN 2021\04.01.21 Chapter 46 Personnel.docx The Ordinance shall become effective on _____ day of ______ 2021. ADOPTED THIS _____ DAY OF _______, 2021. ________________________ MAYOR ATTEST: _________________________ CLERK OF COUNCIL FIRST READING: April 8, 2021 SECOND READING:______________ - Page 74 -Item #11. File Attachments for Item: 12. First Reading, 2021-13, Chapter 54, Streets, Sidewalks and Other Public Places and Special Events and to Establish an Effective Date and For other Purposes - Page 75 -Item #12. ORDINANCE NO 2021- ____13 AN ORDINANCE TO AMEND SECTION OF CHAPTER 54 OF THE CODE OF ORDINANCE OF THE CITY IN ORDER TO MAKE REVISIONS THEREOF AND TO CLARIFY CERTAIN PROVISIONS, TO CORRECT ERRORS AND TO ADD PROVISIONS IN CHAPTER 54 REGARDING STREETS, SIDEWALKS AND OTHER PUBLIC PLACES AND SPECIAL EVENTS AND TO ESTABLISH AN EFFECTIVE DATE AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia is authorized under Article 9, Section , Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinance 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, members of the public and staff designated as the “Code Review Group” worked diligently and in detail to review the entire City Code and to make recommendations for clarifications and improvements therein; and WHEREAS, the City wishes to revise provisions regarding use and maintenance of public places including streets to provide clarity and consistency; and WHEREAS, the City requires certain liquor liability insurance coverage for special events; and NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: - Page 76 -Item #12. SECTION I Those sections listed below are to be amended so as to be worded as stated on the attached revisions to sections: 54-4; 54-5; 54-35; 54-39; 54-41; 54- 71; and 54-74. SECTION II All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION III It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION IV This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. The Ordinance shall become effective on _____ day of ______ 2021. ADOPTED THIS _____ DAY OF _______, 2021. ________________________ MAYOR ATTEST: _________________________ CLERK OF COUNCIL FIRST READING: ________________ SECOND READING:______________ - Page 77 -Item #12. 4819-5297-5075.1 Chapter 54 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES[1] Footnotes: --- (1) --- State Law reference— Municipal streets generally, O.C.G.A. § 32-4-90 et seq.; powers generally, O.C.G.A. § 32-4-92; street improvements generally, O.C.G.A. § 36-39-1 et seq. Sec. 54-4. - Removing lateral support from adjacent property; permit required. It shall be unlawful for any person to grade any property owned by him in the city or change the elevation thereof in a manner that would cause the lateral support of the lands adjacent thereto to be in any way affected, without first obtaining a written permit from the city. (Code 1970, § 14-4; Code 1983, § 5-1-4) Sec. 54-5. - Damage to and intrusion upon property. (a) It shall be unlawful for any person to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or leaving of litter on any public or private property in this state or any waters in this state, unless: (1) The property is designated by the state or by any of its agencies or political subdivisions for the disposal of litter and the person is authorized by the proper public authority to use such property; or (2) The litter is placed into a litter receptacle or container installed on such property; and (3) The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. (b) Any person who violates subsection (a) shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (1) By a fine of not less the [than] $100.00 nor more than $300.00 penalty as set forth in Code Section 1-8; - Page 78 -Item #12. (2) In the sound discretion of a court in which conviction is obtained, the person may be directed to pick up and remove from any public street or highway or public right-of-way, for a distance not to exceed one mile, any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (3) In the sound discretion of the judge of a court in which conviction is obtained, the person may be directed to pick up and remove from any public beach, public park, private right-of-way, or with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. (c) The court may publish the names of persons convicted of violating subsection (a). (Code 1983, § 5-1-5; Ord. No. 44-2014, § 1, 8-28-2014) Sec. 54-35. - Application for permit. All persons desiring a permit in order to make an opening in any street or sidewalk, as set forth in section 54-34, shall make written application therefor, which application shall show the location of the proposed opening, the purpose therefor and the approximate number of square yards of surface to be cut and the length of time the opening will remain open. (Code 1983, § 5-1-12) Sec. 54-39. - Supervision; final inspection; violation. All excavations and work in the streets, sidewalks, alleys or public places of the city shall be under the supervision and control of the superintendent of public works-sanitationDirector of Public Works, whose duty it shall be to inspect the same from time to time during the progress thereof. Upon the completion thereof, he shall make a final inspection and see that the street, sidewalk or public place is restored to a condition as good in all respects as before the excavation or work was made or done, and that all debris, materials, tools and equipment are removed therefrom. Any person refusing or failing to comply with any provision of this section shall be guilty of a violation thereof; and where any - Page 79 -Item #12. failure or refusal is continued after notice from the city, every day's continuance shall constitute a separate and distinct offense. (Code 1983, § 5-1-16) Sec. 54-41. - Streets and sidewalks not to be damaged. It shall be unlawful for any person to drag, or run, or cause to be dragged or run any harrow equipment or other implements, engine, machine tool upon any asphalt, batholithic, warrenite or other type of permanently paved street or sidewalk of the city which shall be liable in any way to injure or cut the surface thereof. It shall also be unlawful to injure any dirt street in the same manner. (Code 1983, § 5-1-18) - Page 80 -Item #12. Secs. 54-44—54-69. - Reserved. ARTICLE III. - SPECIAL EVENTS[2] Footnotes: --- (2) --- Editor's note— Ord. No. 2017-04-A , § 1, adopted Mar. 23, 2017, amended art. III in its entirety, in effect repealing and reenacting said article to read as set out herein. The former art. III pertained to similar subject matter and derived from Ord. No. 21-2015, § 1, adopted Sept. 10, 2015; and Ord. No. 2016-06 , § 1, adopted Mar. 10, 2016. Sec. 54-71. - Permits. (a) In the interests of the public's convenience and safety and availability of city services, persons or organizations wishing to host a special event must first obtain a permit from the city manager or his designee. The permit application shall include, but not necessarily be limited to, the following information: (1) Description of event including the location, date/time, activities, entertainers, estimated number of participants. (2) Name, address and telephone number of sponsoring organization and its responsible representative. This includes the name and address of all natural persons or organizations controlling at least a five percent stake in the event. (3) Method of notification of participants. (4) Publicity plan, if open to the general public. (5) Parking/traffic control requests and concerns. (6) Public safety requests and concerns, if any. (7) Impacts on other city services, if any. (8) Whether alcoholic beverages will be permitted in the event. If alcoholic beverages will be served during the event, the applicant must provide a certificate of liquor liability insurance (dram shop) providing a policy limit of no less than $1,000,000.00 for the entirety of the event during which the alcoholic beverages are served. (9) Whether there is a request for the city to activate the control zone. (b) Each application for a special event permit required by this article shall contain the information described in section 54-73(a) and must be filed, and - Page 81 -Item #12. the permit fee paid, no less than 60 days before the opening of the event to the public. Notwithstanding the forgoing, the city manager shall accept a tardy application if (i) city staff has the capacity to conduct an ordinary review of the application without causing material neglect of other staff duties or, (ii) the event promoter stands willing and able to pay and deposits a sum of money to cover any overtime for city staff to conduct an ordinary review of the application, and staff volunteers such overtime, then the city will use reasonable efforts to process a tardy application in time to allow the event to be held. Applications shall be reviewed in the order received and priority shall be given to timely filed applications. (c) All applications shall contain language indemnifying and holding harmless the city, its elected officials, officers, agents, and employees, in language approved by the city attorney. (d) It shall be unlawful to engage, conduct, promote, or provide entertainment to any special event without first receiving a permit from the city pursuant to this article. (e) Exceptions. (1) Funeral processions; (2) Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities; and (3) Training exercises conducted by federal, state or local officials, so long as the training exercise has been approved by the city manager. (Ord. No. 2017-04-A , § 1, 3-23-2017) Sec. 54-74. - Unpermitted assembly (pop-up events). The city has found and determined that some special events occur without a permit, especially if attendance is promoted through instantaneous, social media. (a) If an assembly develops into a special event (without a permit) it shall become the duty of all persons or entities owning or able to control the special event or who are is providing entertainment encouraging the assembly, to take reasonable, diligent and constant measures to reduce the activity or circumstances which caused the assembly to become a special event—that is for example but not limited to, reducing the number of - Page 82 -Item #12. attendees, or to provide the additional municipal type services needed to regulate event traffic, maintain the peace and protect the public health and safety. The failure of any such person or entity to immediately after notice from the city make a reasonable, diligent and constant effort to reduce the event attendance or otherwise provide adequate services, to the satisfaction of the chief of police or his/her designee shall be a violation of this law punishable by civil penalties specified in this article. The chief of police or his designee is authorized to approve actions to partially or slowly reduce the event attendance to a point where it is not considered a special event if he or she finds (i) that such person is acting expeditiously and reasonably to employ feasibly available resources to address the issues after notice that the assembly has become a special event, (ii) that full reduction to the criteria threshold will not be feasible and (iii) that it would be safer to taper down the event rather than to abruptly close the venue or stop the event. (b) Whether a spontaneous assembly has developed into a special event based upon attendance or a need for municipal services (as those services are defined in this article), shall be determined by an objective and reasonable examination of the totality of the circumstances at hand, including but not limited to the following factors: (1) With respect to attendance and attempted attendance: (i) Whether the attendance is ticketed. (ii) Actual attendance at prior, similar events. (iii) The extent of commercial promotion and advertisement of the event, especially promotion outside of the city, by traditional or digital means, but excluding spontaneous social media not initiated, encouraged or orchestrated by a commercial event producer or any person acting on behalf of the event producer or any person with a financial or other personal interest in the event ("spontaneous social media"). (iv) The extent of spontaneous social media encouraging attendance at the assembly. (v) Whether the location and configuration the assembly, and the nature and presence (sight and sound) of the event, will be likely to draw attendees or observers from the public at large. - Page 83 -Item #12. (vi) The number in attendance and attempting to attend shall be determined by the chief of police or his designee using recognized or previously established law enforcement estimating techniques. (2) With respect to municipal services actually required: (i) Repeated pedestrian trespass. (ii) Repeated vehicular trespass. (iii) Illegal parking. (iv) Traffic congestion. (v) Apparent need for sanitation facilities as evidenced by public urination or other bodily functions. (vi) Repeated and flagrant instances of illegal activity. (vii) Repeated noise ordinance violations after notice, including differing offenders. (viii) Unusual amount of trash being abandoned with no apparent resources available to clean up after event. (ix) Unusual or repeated need for medical assistance. (c) When the city is aware of the planning of an assembly in which the chief of police determines is more likely than not to become a special event, as defined by this article, then the city manager may notify anyone promoting, organizing, or otherwise planning to attend that they may be subject to this article and all resulting criminal and civil penalties. Said communication shall also include a copy of a special event application and a copy of this article. (d) In addition to the procedures described above, the mayor and council of the city may by resolution impose restrictions on activities including, but not limited to, the public consumption of alcoholic beverages in areas designated in such resolution upon a report to the mayor and council that an unpermitted event is being promoted and advertised, published on social media, or by leaflets or by other means where such promotion reasonably indicates to the mayor and council that there is an immediate risk to the public safety, welfare, citizens and property of those participating in the event and residents of the city. Upon the passage of any such resolution pursuant to the provisions of this subsection, the resolution shall be posted on the city's website and publication and dissemination thereof shall be encouraged and notice thereof shall be - Page 84 -Item #12. disseminated to the fullest extent possible so as to alert the public, the event producers or promoters and all persons whatsoever of the lack of permission for the event and/or a prohibition on the public consumption of alcoholic beverages during such dates, times and locations as set forth in the resolution. (Ord. No. 2017-04-A , § 1, 3-23-2017) - Page 85 -Item #12. File Attachments for Item: 13. Bubba Hughes: Administrative Fines Update - Page 86 -Item #13. Proposed fee schedule with corresponding expansion of administrative civil penalties $300 Glass or breakable containers 12-1(a)(3) Pets on beach 12-1(a)(4) Motorized vehicle on beach 12-1(a)(5) Motorized watercraft 12-1(a)(6) Commands of lifeguards 12-1(a)(10) Nudity 12-1(a)(12) Jumping or diving from pier or public structure 12-1(a)(14) Removal of live animals 12-1(a)(17) Off-limits (Sandbar) 12-1(a)(20) Building permit 9-030 (2nd offense) Stop work order 9-030 (2nd offense) Noise disturbance prohibited (22-112) (2nd offense) Restrictions on dogs running at large 10-2 (3rd offense) Vicious animals 10-17 Cruelty to animals 10-10 Animal neglect 10-13 Animal confinement and left unattended in parked car 10-16. Prohibited beverage containers in public areas 42-3 Occupants or owners to keep premises free of litter, debris and junk materials 22-70 (3rd offense) Occupant or owners to keep premises free of derelict vehicles and boats 22-71 (3rd offense) - Page 87 -Item #13. Proposed fee schedule with corresponding expansion of administrative civil penalties $100 Disturbing dune vegetation 12-1(a)(8) Obstruction to visions at street intersections 3-050 Building permit 9-030 (1st offense) Graffiti prohibited 22-224 Swimming area 12-1(a)(1) Fires 12-1(a)(7) Beer Kegs 12-1(a)(13) Sales or soliciting sales on the beach 12-1(a)(18) Obstructions and equipment on the beach prohibited 12-1(a)(19) Stop work order 9-030 (1st offense) Restrictions on dogs running at large 10-2 (2nd offense) Occupants or owners to keep premises free of litter, debris and junk materials 22-70 (2nd offense) Occupant or owners to keep premises free of derelict vehicles and boats 22-71 (2nd offense) Rabies inoculations; required for dogs and cats 10-19 Noise disturbance prohibited 22-112 (1st offense) Private parking lots 3-250 Fires made within city prohibited; exceptions 26-71 Signs. 34-264 Unique location identification number required. 34 -265 - Page 88 -Item #13. Proposed fee schedule with corresponding expansion of administrative civil penalties $50 Sleeping in public areas. 42-63 Obstruction of public passageways. 42-62 License required. 34-29 Keeping of animals; sanitation. 10-3 Distance of animal enclosures from buildings. 10-4 Nuisances. 10-5 Occupants or owners to keep premises free of litter, debris and junk materials 22-70 (1ST offense) Occupant or owners to keep premises free of derelict vehicles and boats 22-71 (1ST offense) Tethering. 10-14 Registration of dogs and cats. 10-18 Notification regarding tag requirement. 10-20 Sanitary requirements for a dog's waste; owner's responsibility 10-27 Restrictions on dogs running at large 10-2 (1st offense) Unlawful acts. (Peddlers, Solicitors, Canvassers) 34-167 Building numbering required; penalty. 54-1 Building number placement. 54-2. Sidewalks, parking areas, not to be obstructed or damaged. 54-42 Nuisances declared. 22-29 Signs, notices and handouts. 22-168 Building waste—Accumulations prohibited. 22-169 Weeds and other growths—Notices to cut or remove. 22-172 Disposal of refuse. 22-194 Traffic safety (signs) 6-030 Obsolete/abandoned signs. 6-050 Unsafe signs. 6-060 - Page 89 -Item #13. Proposed fee schedule with corresponding expansion of administrative civil penalties Prohibited signs. . 6-070 Placement of litter 12-1(a)(2) Storage practices 22-192 (Commercial Dumpster) - Page 90 -Item #13.