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HomeMy Public PortalAbout20210513Amendedpacket.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 M E N D E D A G E N D A REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL May 13, 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: Rev Sue Jackson, Trinity Methodist Church 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, April 22, 2021 2. Minutes, Special City Council Meeting, May 6, 2021 Proclamations 3. Janice Elliott, President, American Legion Auxiliary, ALA, Unit 154, National Poppy Day, May 28, 2021 Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. 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 Public Hearings 4. Text Amendment To Flood Ordinance 5. PC MINUTES 4/19/2021 (for information only)Agend Consideration of Bids, Contracts, Agreements and Expenditures 6. Jen Amerell: Water/Sewer Utility Rate: Proposed Rate Structure 7. GMC Contract, Storm-water Proposal - 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. Passport Addendum 9. Memorandum of Agreement, Info Hut Partnership 10. Georgia Historical Society, Grant Application to the Georgia Historical Society for the Lazaretto historical marker. Consideration of Ordinances, Resolutions 11. First Reading, 2021-18, Chapter 42-67, Marijuana Council, Officials and City Attorney Considerations and Comments 12. Barry Brown: GMA Retirement Update 13. Monty Parks: Update on Marine Science Center Executive Session Discuss litigation, personnel and real estate Possible vote on litigation, personnel and real estate discussed in executive session Adjournment Individuals with disabilities who require certain accommodations in order to allow them to observe and /or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations for those persons. *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org. THE VISION OF THE CITY OF TYBEE ISLAND “is to make Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.” - Page 2 - File Attachments for Item: 1. Minutes, City Council Meeting, April 22, 2021 - Page 3 -Item #1. City Council Minutes, April 22, 2021 Consideration of Items for Consent Agenda Mayor Sessions called the Consent Agenda to order at 6:30PM. Those present were 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. Jay Burke was not in attendance. Mayor Sessions listed the following items on the consent agenda:  Minutes, April 8, 2021  Request to amend budget to cover repairs to fire department vehicles and equipment. Currently funds are in the DPW budget. Finance Director requests to move funds so that TIFD can do PO's and pay invoices when needed.  Underground Easement, 116 Lewis Avenue.  Mobile Tower Equipment Lease Agreement. Discussion: Mr. Hughes stated this item was added as part of the amended agenda. He would ask Mayor and Council to approve/authorize the Mayor to sign if an appropriate agreement can be arrived at with the Lessor or an alternative. The meeting thereafter, when receive an agreement, it would be made a part of the agenda. Mayor Sessions called the regular meeting to order. All those present for the consent agenda were present. Opening Ceremonies  Call to Order  Invocation: Rev. Kenneth Williams  Pledge of Allegiance Reports of Staff, Boards Hannah Eckert, approached Mayor and Council to give an update on the Sustainability Committee. Ms. Eckert stated she is a member of the Fight Dirty Tybee group and other service oriented committees on the Island. She recommended Tybee having a Sustainability Committee on the Island to reduce plastic, plastic straws, and children’s beach toys. Ms. Eckert asked what the City does to protect the environment. Mayor Sessions responded there are many activities on Tybee Island and volunteer groups that help the City with trash. She asked Dr. Gillen to add a link as to what Tybee Island is doing regarding not only the different volunteer groups but also the statistics on what has been collected. Mayor Sessions thanked Ms. Eckert. Doris Williams, Executive Director, Rape Crisis Center of the Coastal Empire approached Mayor and Council to give a presentation on the work of the Center. Ms. Williams stated she would like to highlight Sexual Assault Awareness Month and inform the citizens of Tybee the services that are offered. She continued with her presentation (attached). Mayor Sessions thanked Ms. Williams for her presentation. Renee DeRossett and “Florence” approached Mayor and Council to give an update on the Tybee Arts Association. Ms. DeRossett with the assistance of others gave a brief presentation of the productions they have produced over the years. She then presented the Tybee Island Ballet Theater, which is children oriented and they presented a very short program. Ms. DeRossett again thanked Mayor and Council for all the support. Mayor Sessions thanked everyone for their presentation. - Page 4 -Item #1. Chief Robert Bryson, Tybee Island Police Department, approached Mayor and Council to give his Quarterly Report. Chief Bryson stated his presentation is included in the packet before them tonight and thanked Mayor and Council for all their support. Chief Bryson then introduced the Tybee Island Detective team to Mayor and Council. Mayor Sessions thanked Chief Bryson, the Tybee Island Police Force and Staff for everything they do for Tybee. Mayor pro tem Brown thanked Chief Bryson for the officers stopping and interacting with the children on the Island as this helps the children not be afraid of the police. Chief Bryson thanked Mayor pro tem Brown. Chief Matt Harrell, Tybee Island Fire Department, approached Mayor and Council to give his Quarterly Report. Chief Harrell stated his presentation is included in the packet before them tonight. He stated that hopefully after COVID they will be able to add volunteers to the staff and provide training. Chief Harrell explained that most of the fire fighters are crossed trained as life guards which helps if there is a water emergency. Daily beach patrols have started due to the heavy influx of beach goers as well as seasonal life guards which are patrolling seven days a week. Mayor Sessions thanked Chief Harrell as well as his entire staff for everything they do for not only the citizens of Tybee Island but also the visitors. Citizens to be Heard Andy Davis approached Mayor and Council to speak to the Elimination of Gas Powered Golf Carts. Mr. Davis stated he was at the meeting to campaign for the quality of life on 14th Street. He continued, he has no problem with golf carts on Tybee but would asked Mayor and Council for a compromise to identify golf carts (rental) on 14th Street so bad behavior can be reported back to the rental company. Mayor Sessions thanked Mr. Davis and stated this will be included on an upcoming agenda to address issues as presented tonight. Andy Davis approached Mayor and Council to speak to the possibility of Moving Red-light from 14th and Butler to 15th and Butler. Mr. Davis shared his concerns with the traffic flow due to the high volume of vehicles on 14th Street. He recommended having an emergency lane near the Annex Building as City Staff will be moving into that building which will cause more traffic. Mayor Sessions thanked Mr. Davis and agreed with him as the volume of traffic is a concern for residents as well as visitors. Monty Parks made a motion to approve the consent agenda. Barry Brown seconded. Vote was unanimous to approve, 5-0. Consideration of Ordinances, Resolution Second Reading, 2021-13, Chapter 54, Streets, Sidewalks and Other Public Places and Special Events and to Establish an Effective Date and For other Purposes. Mr. Hughes stated this is a result of review from the Code Review Group as well as adding the requirement liquor liability insurance for special events servers. Monty Parks made a motion to approve. Nancy DeVetter seconded. Vote was unanimous to approve, 5-0. First Reading 2021-15, Environment. Mr. Hughes stated this is another recommendation from the Code Review Group and recommendations including the tobacco free environment where there is to be a designated area for smoking. Mr. Branigin made reference to the numerous definitions throughout Chapter 22. Mr. Hughes stated he does not agree with some of the definitions and the ordinance needs to be consistence throughout. After a lengthy discussion, Mr. Hughes stated prior to second reading he will provide a summary of the changes and how they affect the City. He would not like to do anything that is inconsistent with Solid Waste Management Act and Refuse Collection Act and he will forward copies of both to Mayor and - Page 5 -Item #1. Council for their understanding. Mr. Branigin proposed ordinances that are recommended by the Code Review Committee come before Mayor and Council for discussion prior to first reading for a better understanding of the proposed changes. Mr. Hughes concurred and recommended to leave Sec 22-166 and 22-191 as written pending the ability to review further as it appears necessary. Ms. DeVetter asked the City Manager if there are issues with Staff smoking and littering with cigarette butts outside City buildings. Dr. Gillen responded no as Staff is very responsible with their litter. Also, the number of Staff smoking is very low. Mayor Sessions asked Mr. Hughes to repeat his recommendations. Mr. Hughes recommended leaving Sec 22-166 and Sec 22-178 through Sec 22-190 as is. Nancy DeVetter made a motion not to adopt any changes. Barry Brown seconded. Vote was unanimous, 5-0. First Reading 2021-16 Municipal Court Sec 38. Mr. Hughes stated this is necessary as it is an update of what is contained in the Municipal Code. Currently the City has pro-tem judges to act when and if the judge is not available. The Code as it reads now specifies the Mayor may set in and preside over the Court. Mr. Hughes continued he feels the fee schedule should be left in ordinance form and he has made a change in Sec 38-4 regarding technology costs surcharge. There needs to be a Local Act to impose this fee and to date there is none, therefore the fee has not been imposed. He stated he recommends the changes as shown in the red-line version of the proposed ordinance be adopted and the City peruse the technology fee. Ms. DeVetter asked Dr. Gillen to review the numbers for accuracy. Nancy DeVetter made a motion to approve with the recommended changes. Monty Parks seconded. Vote was unanimous to approve, 5-0. Telecommunications, Chapter 62. Mr. Hughes stated a Resolution was adopted and is in the packet before them tonight as it sets the fee. Attorney recommends no change. Council, Officials and City Attorney Considerations and Comments Bubba Hughes stated there are a number of issues with the Marine Science Center currently which need to be addressed. This is to clarify the understanding between the City and the Marine Science Center as the building is getting closer to being fully operational. Mr. Parks recommended a full conversation with Mayor and Council regarding the Marine Science Center. He asked for a workshop to review the individual issues. Mayor Sessions confirmed and would like the discussion to include financial responsibilities, what has occurred, what needs to occur and who has responsibility I each concern/issue. After a discussion it was the consensus of Mayor and Council to have a workshop. Mayor Sessions recommended the Cathy Sakas, Board of Directors, be a part of the workshop. Mr. Parks recommended Mayor and Council extend an offer to Department of Natural Resources as well as a certified election to attend the workshop. Mr. Branigin suggested a new lease or an addendum to the current lease moving forward. Mayor Sessions concurred. Clerk of Council was asked to coordinate a workshop to discuss issues. Nancy DeVetter gave an Update on the Race Equity Resolution. Ms. DeVetter stated things have happened but there has not been an update for the public. Dr. Gillen stated there are five (5) items in the Resolution to memorialize the history of Tybee Island. Updates: as to the website, Staff is currently working to have a link on the City’s website which is taking some time; Education has and continues to be available to Staff on-line; working with the Park Service for location of a monument; and Juneteenth is now an official holiday, which will be observed on June 18, 2021. Mr. Branigin stated action is required regarding the holiday as Chapter 46, Sec 43, states in ordinance form, the official City holidays and Juneteenth is not included. Mr. Hosti clarified the Park Service does not own the property for the proposed monument as it is owned privately. Mr. Hughes confirmed. Dr. Gillen stated he is awaiting the MLK Committee to submit their design for the monument. - Page 6 -Item #1. Monty Parks made a motion to adjourn to Executive Session to discuss Litigation and Real Estate. Vote was unanimous, 5-0. Monty Parks made a motion to adjourn to Regular Session. Spec Hosti seconded. Vote was unanimous, 5-0. Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous to approve, 5-0. Meeting adjourned at 9:10PM. ______________________________ Janet R. LeViner, MMC Clerk - Page 7 -Item #1. - Page 8 -Item #1. - Page 9 -Item #1. - Page 10 -Item #1. - Page 11 -Item #1. - Page 12 -Item #1. - Page 13 -Item #1. - Page 14 -Item #1. - Page 15 -Item #1. File Attachments for Item: 2. Minutes, Special City Council Meeting, May 6, 2021 - Page 16 -Item #2. Special Meeting, City Council Minutes, May 6, 2021 Mayor Sessions called the Special City Council Meeting to order at 1:45PM. Those present were Jay Burke, Monty Parks, John Branigin, Barry Brown, and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Nancy DeVetter was excused. Item for Consideration Approval: Film Permit, Paramount Worldwide Productions, “The in Between”, May 10 – 13, 2021. Jay Burke recused. Robyn Rosner approached Mayor and Council to explain in detail the parking requirements. She stated all businesses and resident have been notified of the days of filming and parking requirements. Mayor pro tem Brown asked if they are filming on the beach or in the parking lot as he is concerned with traffic flow. Donnie Martinez, Production Manager, approach Mayor and Council. Mr. Martinez explained they are doing everything possible not to disrupt the business, residents and beach goers. Mayor Sessions stated she would like to have conversations with Council and the City Attorney regarding adding impact fees for filming in the future. The revenue would then be allocated for re-nourishment of the beach. Monty Parks made a motion to approve. John Branigin seconded. Vote was unanimous, 4-0. Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous to approve, 5-0. Meeting adjourned at 2:00PM. ______________________________ Janet R. LeViner, MMC Clerk - Page 17 -Item #2. File Attachments for Item: 3. Janice Elliott, President, American Legion Auxiliary, ALA, Unit 154, National Poppy Day, May 28, 2021 - Page 18 -Item #3. CITY OF TYBEE ISLAND PROCLAMATION Expressing support for the designation of May 28, 2021, as National Poppy Day on Tybee Island and recognizing the important of honoring those who have worn our nation’s uniform; and WHEREAS, poppies are worn and displayed as a symbolic tribute to our fallen and the future of living veterans and service members; and WHEREAS, at the end of World War I, The American Legion adopted the poppy as a symbol of freedom and the blood sacrificed by troops in wartimes. The symbolic use of the poppy comes from the poem In Flanders Fields, which movingly begins, “In Flanders Fields the poppies blow, between the crosses, row on row, “ referring to the poppies that sprang up in the churned-up earth of newly dug soldiers’ graves over parts of Belgium and France; and WHEREAS, The American Legion family has long utilized the red poppy as its official flower, symbolizing the blood shed by those who have served in our U.S. military and it is fitting that as The American Legion approaches its 100th anniversary, they expand the meaning and symbolism of the poppy, mirroring the manner in which the poppy is symbolically showcased in England and Canada in celebratory fashion on their Remembrance Day, also known as Armistice Day and Poppy Day; and WHEREAS, wearing a poppy will unite citizens from across the country who decide to show their patriotism; and WHEREAS, May 28, 2021 would be an appropriate date to designate as National Poppy Day; NOW THEREFORE, I Shirley Sessions, Mayor and City Council members of the City of Tybee Island do hereby proclaim May 28, 2021 as National Poppy Day and urge all citizens, residents and visitors on Tybee Island to join in observing this day of honor to every service member who has died in the name of liberty, freedom and democracy while also showing their support for living veterans, service members and their families. IN WITNESS THEREFORE, I hereby set my hand and cause the Seal of the City of Tybee Island to affixed this 28th Day of May 2021 ______________________ Shirley Sessions, Mayor City of Tybee Island - Page 19 -Item #3. File Attachments for Item: 4. TEXT AMENDMENT TO FLOOD ORDINANCE - Page 20 -Item #4. - Page 21 -Item #4. - Page 22 -Item #4. - Page 23 -Item #4. - Page 24 -Item #4. - Page 25 -Item #4. - Page 26 -Item #4. - Page 27 -Item #4. File Attachments for Item: 5. PC MINUTES 4/19/2021 - Page 28 -Item #5. PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Ron Bossick Marie Gooding Susan Hill COMMUNITY DEVELOPMENT DIRECTOR Elaine T. McGruder George Shaw David McNaughton J. Whitley Reynolds CITY ATTORNEY CITY ATTORNEY CITY ATTORNEY Edward M. Hughes Planning Commission Meeting MINUTES April 19, 2021 Chair Bishop called the April 19, 2021 Tybee Island Planning Commission meeting to order. Commissioners present were Marie Gooding, Susan Hill, Elaine T. McGruder, David McNaughton and J. Whitley Reynolds. Vice Chair Ron Bossick was absent. Consideration of Minutes: Chair Demery Bishop asked for consideration of the February 22, 2021 meeting minutes. Commissioner Elaine T. McGruder motion made a motion to approve. Commissioner Whitley Reynolds seconded. The vote to approve was unanimous. Disclosures/Recusals: Chair Bishop asked if there were any Disclosures or Recusals. There were none. Old Business: Chair Bishop asked if there was any old Business. There was none. New Business: TEXT AMENDMENT: Amendment to Flood Ordinance, Sec. 8-060 to Sec. 8- 230. George Shaw approached the Planning Commission and stated the Community Rating S ystem which is a program the City of Tybee is a member of that helps reduce flood insurance rates. He stated they also review our codes and recommended changes to remove manufactured homes in the V zone area. And having all ductwork and HVAC systems one foot above base flood meeting the same freeboard requirement as the rest of the structure. George Shaw stated he sent the changes to the state flood plain manager for his review and comment and he also recommended the two definition changes which are part of the state laws which we did not have in ours. Commissioner Susan Hill asked if striking out the manufactured homes wording in item 11 will conflict with section 8 that also talks about manufactured homes. George Shaw stated that section 11 is specifically referencing structures in the V zone and section 8-190 are structures in the other parts of the Island. Commissioner Elaine T. McGruder made a motion to approve. Commissioner J. Whitley Reynolds seconded. The vote to approve was unanimous. TEXT AMENDMENT: Amendment to Tree Ordinance George Shaw approached the Planning Commission and stated the City had a situation with a customer who had a legitimate tree permit for the site but when the contractor did the work they removed trees that were not permitted. So from that issue City Council asked Mr. Hughes to come up with some language to strengthen the ordinance. And this is what we have in front of us today. Added penalties and having someone from the City to be on site if - Page 29 -Item #5. more than five trees are to be cut. Chair Demery Bishop asked if we would have the enforcement capability to monitor this issue. George Shaw stated it will be an adjustment but we will do what we can. Demery Bishop asked in proposed section (E) it states the word convictions and to me this is criminal not a civil act, will this be a criminal act. George Shaw stated it is not a criminal matter and he will speak to the attorney to see if it will matter. Dale Williams who lives at 1101 Second Avenue Tybee Island, approached the Planning Commission and stated this developer who involved in the clear-cut was the same one that is developing on the lot behind us. So we were a little bit concerned. Fortunately the owner helped us understand what trees were staying and what ones were going. He stated then he decided he would look into tree ordinance and he noticed a lot of fuzziness and confusion. He stated there is an urgency to make some changes mainly in prevention. He gave Planning Commission member and staff a list of recommendations to consider. Marie Rodriguez who lives at 713 Jones Avenue Tybee Island approached the Planning Commission and stated she heard that on the homes that are being raised all the trees and shrubs on the property would have to be moved. George Shaw stated that some of the homes might need a tree or two removed not necessarily all the trees, only the ones that would get in the way of the lifting. And if they do have to remove any they would have to be justified by following the same procedures and getting a tree removal permit. Commissioner David McNaughton stated this should be sent back for some changes and additions and brought back. Commissioner David McNaughton made a motion to continue and revise to consider Planning Commission members thoughts and Mr. Williams suggestions and brought back to the May 17, 2021 Planning Commission meeting. Commissioner Elaine T. McGruder seconded. The vote to approve was unanimous. Discussions: Commissioner David McNaughton stated he has been looking at the explosion in construction on Tybee and thinking about the increase demand for water and sewerage and other services. And he wanted to ask Planning Commission if they have interest in brainstorming ideas to slow it down to protect our infrastructure. Maybe a workshop. All Planning Commissioners agreed. Commissioner David McNaughton stated he will send a letter to City Council for approval or denial. Chair Demery Bishop asked Planning Commission members if they would like to start the meetings at 6:30pm instead of 7:00pm. All Planning Commissioners agreed and George Shaw stated he will forward that on since it will take an amendment to the ordinance. Adjournment: 8:00pm Lisa L. Schaaf - Page 30 -Item #5. File Attachments for Item: 6. Jen Amerell: Water/Sewer Utility Rate: Proposed Rate Structure - Page 31 -Item #6. - Page 32 -Item #6. - Page 33 -Item #6. - Page 34 -Item #6. File Attachments for Item: 7. GMC Contract, Storm-water Proposal - Page 35 -Item #7. April 2021 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT between The CITY OF TYBEE ISLAND, GEORGIA and GOODWYN MILL AND CAWOOD, LLC THIS IS AN AGREEMENT made this _______ day of _________2021 between the City of Council of Tybee Island, Georgia, a political subdivision of the State of Georgia, (“CITY”) and Goodwyn Mills and Cawood, LLC, (GMC) an Alabama corporation, (“CONSULTANT”). The CITY wishes to engage CONSULTANT to provide professional consulting services to assist the CITY with compliance related to its National Pollutant Discharge Elimination System (NPDES) Phase I Municipal Separate Storm Sewer System (MS4) Medium Permit. The following summarizes the contents of this AGREEMENT: Section 1.0 – General Considerations Section 2.0 – CITY Responsibilities Section 3.0 – CONSULTANT Responsibilities Section 4.0 – Project Scope of Services and Schedule Summary Section 5.0 – Project Budget and Payments to CONSULTANT 1.0 SECTION 1.0 – GENERAL CONSIDERATIONS 1.1 Commencement. Upon execution of this AGREEMENT, the CONSULTANT shall enter into a contract with the CITY for the services specified herein. The CONSULTANT recognizes that timely, quality service will be essential to complete this project and the services contemplated under this AGREEMENT. This AGREEMENT will take effect upon delivery of executed AGREEMENT to both parties. 1.2 Term of AGREEMENT. The initial term of this AGREEMENT shall end on May 15, 2022, or upon submittal of the NPDES Phase I MS4 Annual Report to the Georgia Environmental Protection Division, whichever is later. The term of the AGREEMENT may be modified upon mutual consent of both parties. 1.3 Termination of AGREEMENT. Either party, upon giving 30 days written notice, may terminate this AGREEMENT at any time without cause. Termination of this AGREEMENT by either party shall not impair or affect whatever rights, including payment for services performed prior to termination either party may have under this AGREEMENT. Further, if the CONSULTANT fails to fulfill its contractual obligations as specified herein, the CITY may, by giving written notification to the CONSULTANT, terminate the AGREEMENT for such default. If the AGREEMENT is so terminated, the CONSULTANT shall be paid only for the work satisfactorily completed. 1.4 Successors and Assigns. CITY and CONSULTANT each is hereby bound and the partners, successors, executors, administrators, assigns and legal representatives of each are bound, to the other party to this AGREEMENT and to the partners, successors, executors, administrators, assigns and legal representatives of such other party, in respect to all covenants, agreements and obligations of this AGREEMENT. Neither CITY nor CONSULTANT shall assign, sublet or transfer any rights under or interest in (including, - Page 36 -Item #7. April 2021 Page 2 of 11 but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than CITY and CONSULTANT. 1.5 License, Permits and Taxes. The CONSULTANT shall be responsible for all applicable licenses, permits and taxes incurred during the performance of this AGREEMENT. 1.6 Indemnification and Hold Harmless. The CONSULTANT shall indemnify and hold the CITY and its officers, agents, employees and assigns, harmless from any liability imposed for injury arising during the completion of work outlined in this AGREEMENT, or in any manner directly or indirectly caused, occasioned or contributed to, in whole or in part, by reason of a negligent act or omission, including strict liability or negligence of CONSULTANT, or of anyone acting under the CONSULTANT’s direction or control or on its behalf, in connection with this AGREEMENT. 1.7 Limits of Liability. In recognition of the relative risks, rewards and benefits of the project to both the CITY and CONSULTANT, the risks have been allocated such that CONSULTANT and the CITY agree that, to the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of CONSULTANT and CONSULTANT 's officers, directors, employees, agents and subconsultants, to the CITY and anyone claiming by, through or under CITY, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the AGREEMENT from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract or warranty express or implied of CONSULTANT or CONSULTANT 's officers, directors, employees, agents or subconsultants, shall not exceed limits of professional errors and omissions liability insurance. 1.8 Ownership of Project Documents and Reports. All documents and reports prepared by the CONSULTANT pursuant to this AGREEMENT are instruments of service and shall be the joint property of the CITY and CONSULTANT upon completion. The CITY may reproduce and distribute these documents to appropriate parties; however, certain documents may not be suitable for re-use by the CITY on other project(s) without proper consultation with the CONSULTANT. The CONSULTANT may use the work product developed under this AGREEMENT for future marketing and project endeavors. 1.9 Discovery of Unanticipated Hazardous Materials. Hazardous materials may exist where there is no reason to believe they could or should be present. The client acknowledges that CONSULTANT’s scope of services for this project does not include any services related to hazardous wastes. CONSULTANT and the CITY agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CONSULTANT and the CITY also agree that the discovery of unanticipated hazardous materials may make it necessary for CONSULTANT to take immediate measures to protect human health and safety, and/or the environment. CONSULTANT agrees to notify the CITY as soon as practically possible should unanticipated hazardous materials or suspected hazardous - Page 37 -Item #7. April 2021 Page 3 of 11 materials be encountered. The CITY encourages CONSULTANT to take any and all measures that in CONSULTANT’s professional opinion are justified to preserve and protect the health and safety of CONSULTANT’s personnel and the public, and/or the environment, and the CITY agrees to compensate CONSULTANT for the additional cost of such work. 1.10 CITY Disclosure. CITY agrees (on an ongoing basis) to advise CONSULTANT of any hazardous substance or any condition, known or that reasonably should be known by CITY, existing in, on, or near the site that presents a potential danger to human health, the environment, or CONSULTANTS equipment. CONSULTANT does not assume control of the site or undertake responsibility for reporting to any federal, state or local public agencies any conditions at the site that may present a potential danger to public health, safety or the environment or that may otherwise be required by applicable law, rule or regulation, all of which is the CITY’s responsibility. 1.11 Controlling Law. This AGREEMENT is to be governed by the laws of the State of Georgia. The parties hereby agree and stipulate this AGREEMENT was made and entered into in Chatham County, Georgia, which shall be appropriate venue for any action brought relating thereto. CONSULTANT shall comply with all applicable CITY, State and Federal provisions related to its performance of the work under this AGREEMENT. 1.12 Severability and Reformation. Any provision or part thereof of this AGREEMENT held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this AGREEMENT shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 1.13 Non-discrimination. CONSULTANT shall not discriminate in the employment of persons engaged in the performance of this AGREEMENT on account of race, color, national origin, ancestry, religion, sec, marital status, physical handicap, or medical condition, in violation of any federal or state law. CONSULTANT shall comply with all requirements of the CITY with regards to employment while this AGREEEMNT is in effect. 2.0 SECTION 2.0 – CITY’S RESPONSIBILITIES CITY and/or CITY Staff shall: 2.1 Provide all information for the project, including project objectives and constraints, performance requirements, flexibility and expendability, any budgetary limitations, copies of relevant documents and access to relevant files, software and hardware necessary to execute the work effort. 2.2 Promptly furnish to CONSULTANT the information requested by CONSULTANT that is needed for rendering of services defined herein. The CITY shall provide to the CONSULTANT all such information that is available to the CITY, and the - Page 38 -Item #7. April 2021 Page 4 of 11 CONSULTANT shall be entitled to rely upon the accuracy and completeness thereof. The CONSULTANT recognizes that it is impossible for the CITY to assure the accuracy, completeness and sufficiency of information provided to CONSULTANT by CITY or third parties. 2.3 Assist CONSULTANT by placing at his disposal all available information pertinent to the project including previous reports and any other data relevant to project. 2.4 Undertake and perform the CITY’s project related responsibilities as specified in Section 4.0 of this AGREEMENT. Allow the CONSULTANT reasonable access to designated CITY staff personnel and property related to execution of specific work tasks that the CITY staff will perform. 2.5 Assist/arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform his services. 2.6 Designate a person (or persons) to act as CITY’s representative(s) with respect to the management, technical and production related activities to be performed by the CITY under this AGREEMENT. Such person(s) shall have complete authority to transmit instructions, receive information, interpret and define CITY’s policies and decisions with respect to materials, equipment, elements and systems pertinent to CONSULTANT’s services. 3.0 SECTION 3.0 – CONSULTANT’S RESPONSIBILITIES 3.1 Standard of Care. The CONSULTANT shall manage and perform the work in accordance with applicable laws and codes. By execution of this AGREEMENT, the CONSULTANT warrants that he/she is possessed of the requisite skill and ability which is ordinarily possessed by other members of his/her profession. CONSULTANT will exercise such degree of skill and ability as is ordinarily employed by professionals who practice in the State of Georgia under similar conditions and like circumstances, and he/she shall perform such duties without neglect, and shall not be liable except for failure to exercise such appropriate degree of care, learning, skill and ability. 3.2 Authorized Representative. CONSULTANT shall designate a person (or persons) to act as CONSULTANT’s representative(s) with respect to the services to be rendered under this AGREEMENT. Such person(s) shall have complete authority to transmit instructions, receive information, interpret and define CONSULTANT’s policies and decisions with respect to materials, equipment, elements and systems pertinent to this AGREEMENT. 3.3 Insurance. The CONSULTANT shall maintain the following insurance requirements during the time of performance of the services outlined in this AGREEMENT for the contract period. An insurance certificate must be on file with the CITY Administrator’s office within four weeks of the signing of the contract by both parties. - Page 39 -Item #7. April 2021 Page 5 of 11 A. General Liability Insurance, with a combined single limit of $1,000,000 for each occurrence and $2,000,000 in the aggregate; B. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident; C. Worker's Compensation insurance in accordance with statutory requirements, with a limit of $500,000 for each occurrence; 4.0 SECTION 4.0 – PROJECT SCOPE OF SERVICES The specific services which the CONSULTANT agrees to furnish and the terms the CONSULTANT agrees to follow are set forth herein. The CONSULTANT shall furnish the services to provide professional consulting services to assist the CITY with implementation of its NPDES Phase I Medium MS4 Permit. 4.1 Task 1: Project Management GMC will work on behalf of the City of Tybee as the liaison to the EPD as it relates to compliance with the NPDES tasks and program responsibilities addressed within this proposal. This may include conference calls and emails with EPD during the 2021-2022 reporting period and Annual Report preparation. The task will also include general project management and up to (2) meetings with the City, which may include an initial meeting to discuss fieldwork and/or Annual report documentation needs, and a follow-up meeting if needed. 4.2 Task 2: Dry Weather Screening/Illicit Discharge Monitoring Per the City’s SWMP, GMC will perform Dry Weather Screening in accordance with the procedure submitted to EPD and included in the City’s approved SWMP. GMC will also perform Dry Weather Screening in accordance with the Coastal IDDE Plan Guidelines provided by the Georgia EPD in the April 21, 2020 letter to the City of Tybee. The City should be conducting dry weather screening for about 20% of their outfalls per reporting period, so GMC will conduct dry weather screening for approximately 9 outfalls in the 2021-2022 reporting period. GMC will also work with the City to ensure that all other outfalls have been screened as required by the Georgia EPD (it’s our understanding that dry weather screening was not conducted routinely in some previous reporting years due to staff changes, etc.). Reporting year 2021-2022 is the last year in the City’s 5-year permit cycle, and it is important that the City ensure all outfalls have been screened and inspection checklists completed. This includes any “new” outfalls that that may be identified once the stormwater inventory is completed. If GMC determines there are additional stormwater outfalls that have not been screened (in excess of the 9 outfalls GMC expects to screen), GMC will contact the City to discuss options and offer assistance to screen additional outfalls if needed. For each MS4 Outfall, GMC staff will complete a Dry Weather Screening Form. If flow is not present, the GMC field staff will note it as such, take a photograph of the outfall, and complete the necessary sections of the form – (1) background data, (2) outfall description, and (3) physical indicators for flowing and non-flowing outfalls. If flow is present, GMC field staff will visually evaluate additional physical indicators of odor, color, turbidity, and - Page 40 -Item #7. April 2021 Page 6 of 11 floatables. The field staff will also measure temperature, pH, salinity, turbidity, and conductivity using a Horiba U-53 probe. The field staff will calibrate the equipment in accordance with standard protocols and also perform a factory calibration once per year, in compliance with QA/QC procedures. A fecal coliform grab sample will be taken and brought to an accredited laboratory, if the field results indicate potential sewage or when there is visual evidence including milky white or gray color and floatables, a sewage odor, or other applicable evidence of potential sanitary sewer discharge. The GMC field staff will gather all results and complete the Dry Weather Screening Forms. For outfalls where an illicit discharge is suspected, the field staff will provide the City with the location of the outfall and the sampling results, such that the City staff can initiate source tracing activities, as appropriate. If requested by the City, the GMC staff may assist with any required source tracing activities, including GIS analysis of land uses and potential sources and additional upstream water quality monitoring. (Source tracing services are considered out-of-scope and can be performed, upon request, as hourly, additional services, and charged accordingly.) 4.3 Task 3: Education, Training, and Community Outreach GMC will assist the City with implementing their Public Education and Public Involvement BMPs outlined in their SWMP. For the relevant activities listed in the City’s SWMP, GMC will assist the City by performing the following tasks, upon request from City staff: • Provide information, links, and/or documents to download that can be included on the City’s stormwater webpage to ensure the City complies with its annual stormwater webpage update requirement. • Provide City with electronic versions of educational material related to industrial and highly visible pollutant sources (HVPS) facilities, so that this information can be distributed to facility managers during the City’s inspection of these facilities. Or, if GMC conducts the inspections on the City’s behalf, GMC will provide facilities with appropriate educational materials as required by the City’s MS4 permit. • Provide support to the City for annual meeting of the Master Plan Implementation Committee (or similar meeting) that discusses stormwater issues, if needed. GMC will also lead a training session on the NPDES Phase I SWMP with City staff, in accordance with the requirements of the NPDES Phase I MS4 permit. GMC staff will develop training materials, provide a sign-in sheet, and maintain adequate documentation for the City’s Annual Report. This training session may be coordinated with other NPDES permittees in Chatham County. Training materials provided by GMC may also be in the form of a video or PowerPoint presentation that the City may provide to appropriate field and supervisory staff during staff meetings. Alternatively, GMC may provide training opportunities for Staff to attend, such as Regional Stormwater Committee meetings in combination with one or more of the previously-listed training methods. - Page 41 -Item #7. April 2021 Page 7 of 11 4.4 Task 4: MS4 Inspections & Inventory Update Tybee Island is required to inspect 100% of its stormwater system before the end of the 2017-2022 permit period; in addition, the City is responsible for updating its GIS inventory to ensure the inventory is updated and accurate (based on previous correspondence from the EPD and the City’s permit requirements). GMC is currently assisting the City with a complete MS4 inventory update of its stormwater drainage infrastructure and building an accurate GIS database to ensure that the City is compliant with the NPDES Permit and EPD requirements. For reporting year 2021-2022, GMC staff will ensure that the City’s entire MS4 system has been inspected and maintain the appropriate documentation to demonstrate permit compliance. GMC staff will continue to maintain the City’s MS4 GIS database with any new or annexed drainage structures added to the City’s MS4 thru March 31, 2022. This scope assumes that the City can provide as-builts or other electronic documentation of any new stormwater structures and that GMC will not be required to perform any new/additional field work once GMC’s field inventory that is currently underway is completed. If GMC must perform additional field work to confirm the location of any new structures, it shall be done at an hourly, additional rate. GMC will assist the City with the following SWMP requirements related to maps and inventories. GMC will prepare the following documents for inclusion in the City’s 2021- 2022 Annual Report (this assumes the City will provide geo-referenced as-builts for any new development during the reporting year that should be added to the GIS database that GMC maintains for the City):  MS4 Control Structure Inventory and Map (BMP 1.1 of City’s SWMP): GMC will maintain and update a map and an inventory database of MS4 control structures.  MS4 Inspection Reports (BMP 1.2 of City’s SWMP): GMC will prepare a table of inspection reports. This will not include information about maintenance activities.  MS4 Outfall Inventory and Map (BMP 2.2 of City’s SWMP): GMC will maintain and update a map and inventory database of City MS4 outfalls.  MS4 Dry Weather Screening Sheets (BMP 2.3 of City’s SWMP): GMC will prepare dry weather screening sheets that summarize the findings of GMC’s outfall inspections and screening for inclusion in the City’s Annual Report. If GMC performs any source tracing at the City’s request, GMC will also maintain documentation of these activities. As noted above, the City’s GIS database is not currently used by the City to track stormwater maintenance activities. If the City wishes to document stormwater maintenance activities using GIS, GMC can work with the City at an additional, hourly rate to modify the GIS database and produce the required documentation for the City’s Annual Report. The City would be responsible for inputting maintenance information into the GIS database. Please note it is not required that the City track maintenance thru the GIS database; however, it IS a requirement that the City track - Page 42 -Item #7. April 2021 Page 8 of 11 maintenance of City-owned ponds; ditches, pipes, and catch basins and be able to quantify this information in the Annual Report. 4.5 Task 5: GI/LID Inventory & Inspections EPD has required Tybee Island to update its inventory of GI/LID structures and to perform inspections of the GI/LID structures. Reporting year 2021-2022 is the last year in the City’s 5-year permit cycle, and it is important that the City ensure all structures listed on the City’s inventory are inspected and inspection checklists completed. GMC assisted the City with GI/LID inspections in reporting year 2020 – 2021 and inspected approximately 40% of the structures. For reporting year 2021-2022, GMC will updated the GI/LID database based on any new development and perform inspections of approximately 60% of the structures using the inspection forms that are included in the GI/LID Plan for inclusion in the Annual Report due May 15, 2022. 4.6 Task 6: Highly Visible Pollutant Sources (HVPS) & Municipal Inspections For reporting year 2020-2021, GMC inspected approximately 20% of the City’s HVPS sites listed on the City’s inventory. For reporting year 2021-2022, GMC staff will perform stormwater site inspection for approximately 80% of the City’s HVPS sites (five sites) based on the updated HVPS inventory that will be submitted with the City’s 2020-2021 Annual Report. Any issues discovered in the field will be reported to the City so that enforcement actions can be taken in accordance with the ERP, as needed. GMC will provide and summarize the results for inclusion in the Annual Report. For reporting year 2020-2021, GMC completed municipal facility inspections of the City’s Public Works facility and wastewater treatment plant. This completes the City’s inspection requirements based on the current inventory and SWMP. If the City adds any other facilities to the Municipal Inventory in reporting year 2021-2022, GMC will inspect the site(s) using the inspection form included in the City’s approved SWMP and maintain appropriate documentation. 4.7 Task 7: NPDES Annual Report 2021-2021 Preparation & Assistance GMC will prepare the City’s NPDES Phase I MS4 Annual Report covering the period of April 1, 2021 to March 31, 2022. In early 2022, GMC will provide City staff with a compliance matrix that will include a list of documentation that is needed for the Annual Report, after which, GMC staff will meet with City staff to review the documentation and identify any additional best management practices (BMPs) that need to be completed prior to March 31, 2022. Using the documentation compiled, GMC will prepare the Annual Report document, as well as documentation related to any other tasks completed by GMC staff, per this contract. GMC will provide the Annual Report to the City to review and revise it based on comments received from City staff. GMC will prepare and mail the submittal package for EPD, no later than May 15, 2022. GMC will provide the City with an electronic copy of the Annual Report. If requested, GMC will also provide a hard copy. Upon request, GMC can assist the City with addressing any comments from EPD on the 2021-2022 Annual Report for an hourly, additional fee. - Page 43 -Item #7. April 2021 Page 9 of 11 4.8 Task 8: Addressing EPD Comments on the NPDES Annual Report 2020-2021 The City should anticipate receiving comments from EPD on the 2020-2021 annual report that will be submitted to EPD in May 2021. There were several activities that had not been completed by the City during previous reporting periods, and EPD is likely to note that in their review. If needed, GMC can assist the City with preparing a response to EPD comments. GMC would perform this work on an hourly, additional basis, upon request from the City. 4.9 Project Schedule The scope of services will be completed in compliance with the schedule provided by EPD. The field work and other stormwater tasks described in this contract will be completed no later than March 31, 2022, and the 2021-2022 Annual Report and summaries of field work activities will be completed and submitted to EPD on or before May 15, 2022. 5.0 SECTION 5.0 – PROJECT BUDGET AND PAYMENTS TO CONSULTANT CITY and CONSULTANT, in consideration of their mutual covenants herein, agree in respect of the performance of professional consulting services provided by CONSULTANT and the payment for those services by CITY as set forth below. 5.1 Compensation. The CITY shall compensate the CONSULTANT in accordance with the schedule of fees below. CONSULTANT shall invoice the CITY on a monthly, percent complete basis. Tasks Fee Task 1: Project Management $3,240 Task 2: Dry Weather Screening/Illicit Discharge Monitoring $3,000 (Additional Source Tracing @ $110/hour Task 3: Education, Training, and Community Outreach $2,660 Task 4: MS4 Inspections & Inventory Update $2,640 Task 5: GI/LID Inventory & Inspections $2,800 Task 6: Highly Visible Pollutant Sources (HVPS) & Municipal Inspections $5,250 Task 7: NPDES Annual Report 2021-2022 Preparation & Assistance $8,775 Task 8: Addressing EPD Comments on the NPDES Annual Report 2020- 2021 Hourly, as needed Our services will be performed for a total lump sum fee of $25,215 for Tasks 1-7 as outlined in this proposal. Additional services, including Source Tracing and responding to EPD comments on submittals can be performed on an hourly, as needed basis as noted in this proposal. Any hourly, as-needed or out-of-scope work will be completed at the City’s request in accordance with the terms & - Page 44 -Item #7. April 2021 Page 10 of 11 conditions outlined herein and the hourly fees specified in Section 5.3 below. GMC will invoice the City on a monthly basis. 5.2 Payments. For professional consulting services as outlined in this AGREEMENT, CITY shall pay CONSULTANT the stipulated fees. CONSULTANT shall submit monthly invoices to CITY in a format acceptable by the CITY. CITY shall endeavor to make payment to CONSULTANT within thirty (30) days from receipt of invoice. 5.3 Hourly Services. If the CITY requests that the CONSULTANT provide services on an hourly basis, or requests services not currently outlined in this AGREEMENT, the CONSULTANT will perform the services in accordance with the unit rates provided in the table below, or at a mutually agreeable fee arrangement. Prior to commencing any requested additional services, not included in the Scope of Services in Section 4.0, the CONSULTANT must notify the CITY promptly and provide an estimate of the budget to complete the requested services and a schedule. No additional services shall be performed by the CONSULTANT until written (i.e. letter) or electronic (i.e. email or fax) authorization is received by the CONSULTANT from the CITY. Labor Category (Project Professional) Hourly Rate Vice President $ 205.00 Senior Professional (Engineer, Planner, Scientist, GIS, Project Manager) $ 195.00 Professional II (Engineer, Planner, Scientist, GIS, Project Manager) $ 175.00 Professional I (Engineer, Planner, Scientist, GIS, Project Manager) $ 155.00 Senior Consultant (Engineer, Planner, Scientist, GIS) $ 145.00 Consultant II (Engineer, Planner, Scientist, GIS) $ 135.00 Consultant I (Engineer, Planner, Scientist, GIS) $ 125.00 Senior Environmental Scientist/GIS Analyst $ 120.00 Environmental Scientist/GIS Analyst II $ 110.00 Environmental Scientist/GIS Analyst I $ 95.00 - Page 45 -Item #7. April 2021 Page 11 of 11 SECTION 6.0 - ACKNOWLEDGEMENT OF ACCEPTANCE IN WITNESS WHEREOF, the parties hereto have made and executed this AGREEMENT as of the day and year first above written. This AGREEMENT constitutes the entire AGREEMENT between CITY and CONSULTANT. CITY: CONSULTANT: City of Tybee Island Goodwyn Mills & Cawood 403 Butler Avenue 7 East Congress Street, Suite 504 Tybee Island, GA 31328 Savannah, GA 31401 Signature: ______________________________ Signature: ___________________________ Name: _________________________________ Name: Courtney Reich, Vice - President Attest: Attest: Signature: ______________________________ Signature: ___________________________ Name:__________________________________ Name:______________________________ - Page 46 -Item #7. File Attachments for Item: 8. Passport Addendum - Page 47 -Item #8. - Page 48 -Item #8. - Page 49 -Item #8. - Page 50 -Item #8. File Attachments for Item: 9. Memorandum of Agreement, Info Hut Partnership - Page 51 -Item #9. Page 1 of 1 * Agreement contingent upon availability of staffing by Visit Tybee. PARTIES: City of Tybee Island; Visit Tybee, a division of the Savannah Area Chamber of Commerce SERVICE: Tybee Island Information (Info) Hut Partnership TERM: May 20, 2021 to September 6, 2021 A Classic Main Street Community MEMORANDUM OF AGREEMENT This Agreement, entered into this day of , 2021 serves to be representative of a partnership between the City of Tybee Island (City) and Visit Tybee (DMO), a division of the Savannah Area Chamber of Commerce, for services at the Info Hut. WITNESSETH In consideration of the mutual understanding contained herein, the Parties hereby agree to the following for the 2021 spring and summer season: 1. The DMO will be responsible for: a. Providing staffing (hiring, training and managing) during the 2021 spring and summer season. i. Staff coverage (if sufficiently secured) will be approximately 1 1 am – 5pm Thursday thru Sunday. ii. Staff will consist of part-time staff operating on a shift-work schedule. iii. If sufficient staffing is not secured, Visit Tybee will notify the City prior to May 15. b. Providing general liability insurance for Info Hut staff. c. Providing visitor information to the public specific to Tybee Island, local businesses and events, during hours of operation. d. Providing a monthly e-report to the city’s Development Authority/Main Street staff person regarding estimated number of people served, a breakdown of which states people were from, and top five asked questions (as time permits). 2. The City will be responsible for: a. Ensuring the exterior and interior (including air conditioning unit and refrigerator) of the Info Hut is appropriately maintained. b. Providing information for posting at the Info Hut via the Development Authority/Main Street Program. i. information will include answers to frequently asked questions. c. Providing assistance to the Info Hut staff as necessary from the city’s Development Authority/Main Street staff. d. Providing electricity to the Info Hut as available. e. Posting contact information at the Info Hut for the Visit Tybee staff and public. f. Providing space for the informational map (provided in 2016) of Tybee Island to be posted at the Info Hut. g. Providing seasonal complementary parking passes for Info Hut staff. i. tag registration information will be required to be provided prior to May 13. h. Providing one parking space near the Info Hut, which will designated by a sign, during times of Info Hut staff coverage (availability not guaranteed). Signatures provided below by involved Parties constitutes mutual acceptance of this Agreement*. Shirley Sessions, Mayor Date City of Tybee Island Joseph Marinelli, President Date Visit Tybee - Page 52 -Item #9. File Attachments for Item: 10. Georgia Historical Society, Grant Application to the Georgia Historical Society for the Lazaretto historical marker. - Page 53 -Item #10. Spon sor Ag r eement On behalf of _________________________________________________________________________________________________________________ sponsoring entity and notwithstanding any contrary commitments in any license or other agreements with third parties, we, the undersigned, agree to accept responsibility for the monitoring and maintenance of the said historical marker erected through the Georgia Historical Society’s (hereafter “Society”) Georgia Historical Marker Program. title of m arker county in which erected city or nearest city We understand and agree that: 1. The historical marker is the property of the Society. 2. It is this entity’s responsibility to reposition and repaint said marker, as deemed necessary by the Society, in accordance with Society guidelines. It is also our responsibility to notify the Society of major damage, vandalism or in the event the marker becomes missing. The Society reserves the right, as the parent organization in the historical marker program, to determine policy for the marker’s maintenance and make requests of such to the sponsor. 3. Neglect of the marker, when brought to the attention of the Society, will result in a written request to the undersigned to correct the stated problem. In the event that the marker is stolen or destroyed, a new cost-share with the Society, covering half the current cost of replacement, will be required. S pon s o r name of representative title name of sponsoring entity mailing address of sponsoring entity city state zip code telephone of sponsoring entity or representative date signature of representative of s ponsoring entity Fellow spo nsors of said ma rker: - Page 54 -Item #10. P r opert y O wn e r Ma rk er Ease ment As the owner of the property at Address of property I/We agree to allow the erection of said historical marker for/on this property. Title of marker Property address C ity State Zip code We further understand and agree that: 1. I/We have been notified by the Georgia Historical Society as to the subject of/proposed site for said marker and agree that this is acceptable. It is understood that the marker will not be moved, removed, or altered in any way without prior notice to the Georgia Historical Society. 2. I/We understand that the historical marker is being erected for the purpose of sharing Georgia history with the general public and agree to make fully accessible said marker. 3. I/We understand that it is the responsibility of the property owner(s) to notify the Georgia Historical Society in the event of marker damage, vandalism, or loss. If the marker requires maintenance, the property owner may contact the Georgia Historical Society at (912)651 -2125. 4. I/We understand that upon the sale or transfer of said property, this agreement shall also be transferred and honored as a binding easement for the said marker and that it is the seller’s responsibility to inform the buyer of this easement. 5. This easement must be filed with the county court house at the expense of the property owner. Additionally, a copy of the filed easement will be forwarded to the Georgia Historical Society at 104 West Gaston Street, Savannah, GA 31401. Name of property owner or property representative (please print) Mailing address of property ow ner or property representative City State Zip code Telephone of property owner or property representative Date Signature of property owner or property representative - Page 55 -Item #10. File Attachments for Item: 11. First Reading, 2021-18, Chapter 42-67, Marijuana - Page 56 -Item #11. ORDINANCE NO.: 2021-_____ AN ORDINANCE TO AMEND THE CODE OF ORDINANCES RELATING TO OFFENSES AND ADMINISTRATIVE PENALTIES IN ORDER TO ESTABLISH A CIVIL ADMINISTRATIVE VIOLATION FOR THE POSSESSION OF LESS THAN AN OUNCE OF MARIJUANA AND TO PROVIDE PENALTIES FOR POSSESSION OF MARIJUANA; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, 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 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers; and WHEREAS, the City of Tybee Island has established a process for disposing of ordinance violations that are civil in nature and/or administrative penalties; and WHEREAS, enacting this ordinance concerning the offense of possession of marijuana in an amount less than one ounce is intended to enhance public safety and eliminate cost by reducing the amount of time police officers and others spend in connection with the arrest, processing and transportation of the accused in a possession of marijuana offense; and WHEREAS, the enactment of this ordinance concerning the offense of possessing of small amounts of marijuana is intended to prevent young people from entering the criminal justice system and avoiding the enduring stigma associated therewith; and - Page 57 -Item #11. 04.14.21 Marijuana Ordinance WHEREAS, the City intends for this change to diminish the impact of both future and prior marijuana convictions by reducing possession of small amounts of marijuana to city ordinance convictions, allowing such charges and convictions to be restricted by the Tybee Island Police Department and the Georgia Crime Information Center and sealed by the Tybee Island Municipal Court so that such charges will not be part of the public record; and WHEREAS, is hereby created any code section to amend the code of ordinances of the City of Tybee Island to create a Section 42-67 which shall hereafter provide as follows: NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: SECTION I That Chapter 42 relating to offenses and miscellaneous provisions is hereby amended so as to establish a Section 42-67 as follows: 42-67 Marijuana It shall be unlawful for any person to possess one ounce or less of marijuana within the corporate limits of the City of T ybee Island. Any person determined to be in violation of this prohibition shall be subject to a civil penalty not to exceed $150.00 for a first offense. No person adjudicated in connection with an offense under this ordinance shall be arrested or subject to any form of imprisonment or confinement. Community service in lieu of a fine is applicable to any violation hereof under appropriate circumstances, including but not limited to financial means of the offender. SECTION II Should a municipal court case result under this provision, the court shall consider dismissal upon payment of the appropriate fine or completion of community service. SECTION III Within six months of the effective date of this ordinance, the Clerk of the Tybee Island Municipal Court shall recode all prior misdemeanor marijuana convictions as city ordinance violations, by entering GCIC Reporting code 9**. Upon successful restriction of the case, the clerk - Page 58 -Item #11. 04.14.21 Marijuana Ordinance shall seal all court records related to the marijuana case in the clerk’s possession, including all electronic records and index references. SECTION IV All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION V 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 VI 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: SECOND READING: ENACTED: - Page 59 -Item #11.