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HomeMy Public PortalAbout20210708Packet.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 July 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 Recognitions and Proclamations 1. Proclamation: Remembering Judge George Oliver Consideration of the approval of the minutes of the meetings of the Tybee island City Council 2. Minutes, Public Hearing, Second Reading of Millage, June 24, 2021 3. Minutes, Public Hearing and Adoption of FY2022 Budget and Millage 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. Site Plan Approval: Add walk in cooler & renovate deck-106 S. Campbell Ave.–40003 04006–Zone C-2-Ricardo A. Ochoa. 5. Variance: build second set of stairs in setback after addition and reduce greenspace – 1209 Butler Ave.–40007 07008–Zone R-2–Jeff Cramer. - Page 1 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License 6. Alcohol License Request: Mi Dida 1315 Butler Ave Unit B: Liquor, Beer and Wine-Sale by Drink for Consumption on Premises Only; Sunday Sales by Drink Consideration of Bids, Contracts, Agreements and Expenditures 7. Research Service Agreement No. 47266, Georgia Southern University 8. Awarding of ITB 2021-760, Parking Lot Paving 9. Great America Financial Services Corporation, Folder and Inserter Consideration of Ordinances, Resolutions 10. First Reading, 2021-22, Chapter 12, Beaches and Waterways 11. First Reading, 2021-18, Chapter 42-67, Marijuana 12. Second Reading, 2021-21, Animasl, Chapter 10 Council, Officials and City Attorney Considerations and Comments 13. Bubba Hughes: Proposed Agreement with Chatham Emergency Management Services, formerly known as Southside Fire, to operate or manage the TIFD and possibly the Beach Safety Program 14. Bubba Hughes: Verizon 15. Shawn Gillen: DNR Permit for Beach Crossover Benches 16. Shawn Gillen: STVR Renewal Fees Minutes of Boards and Committees - FOR INFORMATION ONLY 17. PC Minutes-June 21, 2021 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.” - Page 2 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 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 3 - File Attachments for Item: 2. Minutes, Public Hearing, Second Reading of Millage, June 24, 2021 - Page 4 -Item #2. City Council Minutes, June 24, 2021 Consideration of Items for Consent Agenda Mayor Sessions called the Public Hearing to order at 10:00AM. Those present were Monty Parks, John Branigin, and Barry Brown. Also attending were Dr. Shawn Gillen, City Manager; Jen Amerell, Finance Director; and Janet LeViner, Clerk of Council. Nancy DeVetter, Jay Burke and Spec Hosti were excused. Opening Ceremonies  Call to Order  Pledge of Allegiance Public Hearings Second Reading – Millage 2021. Monty Parks made a motion to approve. John Branigin seconded. Vote was unanimous, 3-0. Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous to approve, 3-0. Meeting adjourned at 10:10AM. ______________________________ Janet R. LeViner, MMC Clerk - Page 5 -Item #2. File Attachments for Item: 3. Minutes, Public Hearing and Adoption of FY2022 Budget and Millage - Page 6 -Item #3. City Council Minutes, June 24, 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; George Shaw, Director, Community Development; Jen Amerell, Finance Director; and Janet LeViner, Clerk of Council. Mayor Sessions listed the following items on the consent agenda:  Minutes, City Council Meeting, June 10, 2021 Mayor Sessions called the regular meeting to order. All those present for the consent agenda were present. Opening Ceremonies  Call to Order  Invocation: Rev. June Johnson, all Saints Episcopal Church  Pledge of Allegiance Monty Parks made a motion to approve the consent agenda. Spec Hosti seconded. Vote was unanimous to approve, 6-0. Public Hearings Second Reading, Proposed FY2022 Budget. Monty Parks complimented Ms. Amerell on the blueprint of the proposed FY2022 budget. Mayor pro Brown expressed his concern with the allocation for $50,000 for a boat for the Tybee Island Fire Department. Dr. Gillen recommended leaving the funds in the line item and adjustments can be made at a later date. Mayor Sessions explained the approval process of the proposed budget to include public hearings. Spec Hosti made a motion to approve as presented. Monty Parks seconded. The was unanimous to approve, 6-0. Third Reading, Proposed Millage. Jen Amerell, Finance Director, approached Mayor and Council. Ms. Amerell stated the proposed millage rate is set at 3.931 which is the same as last year and previous year. Monty Parks expressed his concerns with the current rate as he would like the rate lowered. Ms. Amerell stated the rollback rate would be 3.767. Spec Hosti made a motion to approve. Nancy DeVetter seconded. Those voting in favor were Jay Burke, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Monty Parks voting against. Vote was 5-1, motion approved. Consideration of Bids, Contracts, Agreements and Expenditures Final 2021 Budget Amendments. Monty Parks made a motion to approve as presented. Nancy DeVetter seconded. Vote was unanimous to approve. Spec Hosti made a motion to adjourn. Monty Parks seconded. Vote was unanimous to approve, 6-0. Meeting adjourned at 6:45PM. ______________________________ Janet R. LeViner, MMC Clerk - Page 7 -Item #3. File Attachments for Item: 4. SITE PLAN APPROVAL: Add walk in cooler & renovate deck-106 S. Campbell Ave.–40003 04006–Zone C-2-Ricardo A. Ochoa. - Page 8 -Item #4. - Page 9 -Item #4. - Page 10 -Item #4. - Page 11 -Item #4. - Page 12 -Item #4. - Page 13 -Item #4. - Page 14 -Item #4. - Page 15 -Item #4. - Page 16 -Item #4. - Page 17 -Item #4. - Page 18 -Item #4. - Page 19 -Item #4. - Page 20 -Item #4. - Page 21 -Item #4. - Page 22 -Item #4. - Page 23 -Item #4. - Page 24 -Item #4. - Page 25 -Item #4. - Page 26 -Item #4. - Page 27 -Item #4. File Attachments for Item: 5. VARIANCE: build second set of stairs in setback after addition and reduce greenspace – 1209 Butler Ave.–40007 07008–Zone R-2–Jeff Cramer. - Page 28 -Item #5. - Page 29 -Item #5. - Page 30 -Item #5. - Page 31 -Item #5. - Page 32 -Item #5. - Page 33 -Item #5. - Page 34 -Item #5. - Page 35 -Item #5. - Page 36 -Item #5. - Page 37 -Item #5. - Page 38 -Item #5. - Page 39 -Item #5. - Page 40 -Item #5. - Page 41 -Item #5. - Page 42 -Item #5. - Page 43 -Item #5. - Page 44 -Item #5. - Page 45 -Item #5. - Page 46 -Item #5. - Page 47 -Item #5. - Page 48 -Item #5. - Page 49 -Item #5. - Page 50 -Item #5. - Page 51 -Item #5. - Page 52 -Item #5. - Page 53 -Item #5. - Page 54 -Item #5. - Page 55 -Item #5. - Page 56 -Item #5. - Page 57 -Item #5. - Page 58 -Item #5. - Page 59 -Item #5. - Page 60 -Item #5. File Attachments for Item: 6. Alcohol License Request: Mi Dida 1315 Butler Ave Unit B: Liquor, Beer and Wine-Sale by Drink for Consumption on Premises Only; Sunday Sales by Drink  - Page 61 -Item #6. - Page 62 -Item #6. - Page 63 -Item #6. - Page 64 -Item #6. File Attachments for Item: 7. Research Service Agreement No. 47266, Georgia Southern University - Page 65 -Item #7. Georgia Southern University Research And Service Foundation 11/07/2019 Wheaton RESEARCH SERVICE AGREEMENT NO. 17266 BETWEEN GEORGIA SOUTHERN UNIVERSITY RESEARCH AND SERVICE FOUNDATION, INC. AND CITY OF TYBEE ISLAND THIS RESEARCH SERVICE AGREEMENT (“Agreement”) is between the GEORGIA SOUTHERN UNIVERSITY RESEARCH AND SERVICE FOUNDATION INC., a nonprofit corporation organized and existing under the laws of the State of Georgia, having a place of business at Georgia Southern University, P.O. Box 8005, Statesboro, Georgia 30460-8005, hereinafter referred to as "GSURSF", and “SPONSOR”: City of Tybee Island P.O. Box 2749 Address: Tybee Island, GA 31328 Phone: ATTN: Shawn Gillen Email: WHEREAS each of the aforementioned being referred to individually as the “Party” or collectively as the “Parties”; WHEREAS, GSURSF and the Board of Regents of the University System of Georgia on behalf of Georgia Southern University (hereinafter referred to as “University”) have entered into an agreement wherein University and its faculty and staff employees, independent contractors, subcontractors, and student assistants perform research and service projects under agreements executed by GSURSF with outside sponsors and/or entities, and GSURSF manages and controls University’s interests in intellectual property rights created under said agreements with outside sponsors and/or entities; and WHEREAS, the Research Services contemplated by this Agreement are of mutual interest and benefit to GSURSF and SPONSOR, will further the instructional, research and public service missions of University in a manner consistent with its status as a nonprofit, tax-exempt, educational institution, and may derive benefits for both University and SPONSOR through the advancement of knowledge; NOW, THEREFORE, the Parties hereto agree as follows: 1. STATEMENT OF WORK AND REPORTING GSURSF agrees to use its reasonable efforts to perform the Research Services appended hereto and incorporated as Appendix A. Periodic reports will be provided (check one) as described in Appendix A; or as follows: 2. PERIOD OF PERFORMANCE The period of performance shall be July 1, 2021 through December 15, 2022. 3. PRICE AND PAYMENT As compensation for the performance of this Agreement, the SPONSOR agrees to pay GSURSF the fixed price of Thirteen Thousand Dollars ($13,000 00). SPONSOR shall have no responsibility for any expenditure in excess of the amount specified above. SPONSOR shall: Provide full payment upon submission of the executed Agreement; Provide payments according to the following schedule: • 50% due upon execution of the Agreement • 50% due at conclusion of the Period of Performance and receipt of the Final Report - Page 66 -Item #7. Georgia Southern University Research And Service Foundation 11/07/2019 Wheaton Compensation for the performance of this Agreement shall be made payable to GSURSF and should cite the Agreement number provided in the fully-executed Agreement: Georgia Southern University Research and Service Foundation, Inc. P.O. Box 8005 Statesboro, GA 30460-8005 912-478-5465 4. REPORTS AND PUBLICATIONS A. GSURSF shall provide SPONSOR with a written report regarding the data obtained in the course of said Academic Research Services to the extent required in Article 1. Said report shall be maintained as confidential pursuant to Article 5 of Agreement. B. SPONSOR recognizes that the results of Research Services which do not disclose Confidential Information provided hereunder may be deemed publishable by GSURSF, and that the researchers engaged in project shall be free to publish these results, consistent with the obligations imposed in Article 5 of this Agreement. GSURSF will provide SPONSOR with thirty (30) days to review any manuscripts or proposed publications arising out of Research Services. SPONSOR may request GSURSF to delay publishing such proposed publication for a maximum of an additional sixty (60) days solely for the purposes of protecting the potential patentability of any inventions described therein and remove any proprietary or confidential information. Failure to respond within sixty (60) days shall constitute de facto agreement of SPONSOR that no delay in publication is necessary. 5. CONFIDENTIALITY "Confidential Information" shall mean any SPONSOR-provided materials, written information, and data marked "Confidential" or non-written information and data disclosed which is identified at the time of disclosure as confidential and is reduced to writing and transmitted to the other party within sixty (60) days of such non- written disclosure. GSURSF hereby agrees to use the same degree of care it uses to protect its own confidential information and will, to the extent permitted by law: 1) maintain for a period of five (5) years the Confidential Information obtained from SPONSOR pursuant to this Agreement; and 2) maintain as confidential any data and interpretation of said Confidential Information arising out of said Research Services until SPONSOR has had the opportunity to review same. Publications will be limited to new scientific information regarding Research Services performed, and GSURSF will use reasonable efforts not to disclose proprietary processes or methods of SPONSOR, or the nature or composition of materials provided by SPONSOR. 6. INTELLECTUAL PROPERTY All inventions arising out of Research Services will be promptly disclosed to SPONSOR. GSURSF may, upon notice to SPONSOR seek patent protection on any such inventions. All inventions, patent applications, or patents created during Research Services which name at least one employee of University as an inventor shall be jointly owned by the SPONSOR and GSURSF in proportion to the contributions made thereto. 7. PUBLICITY SPONSOR shall not use the names of GSURSF, University, nor of any of its employees or components, nor any adaptation thereof, in any advertising, promotional or sales literature without the prior written consent obtained from GSURSF and University, as applicable in each case. SPONSOR may not imply endorsement by, employment at, or express opinions as those of GSURSF, University, or any components the University System of Georgia. 8. GOVERNING LAW This Agreement shall be governed by the laws of the State of Georgia. SPONSOR agrees that the venue for any legal action regarding this Agreement shall be the Superior Court of Chatham County, Georgia. SPONSOR hereby certifies pursuant to O.C.G.A. 50-5-85 that it is not currently engaged in and agrees for the duration of this agreement not to engage in, a boycott of Israel. - Page 67 -Item #7. Georgia Southern University Research And Service Foundation 11/07/2019 Wheaton 9. WARRANTIES AND INDEMNITY GSURSF IN NO WAY GUARANTEES RESEARCH SERVICES PERFORMED PURSUANT TO THIS AGREEMENT AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE QUALITY OF PRODUCT PRODUCED UNDER THIS AGREEMENT. SPONSOR AGREES TO INDEMNIFY AND HOLD HARMLESS GSURSF AND UNIVERSITY AGAINST ANY CLAIMS AND COSTS (INCLUDING COUNSEL FEES) ARISING OUT OF SPONSOR’S COMMERCIAL SALE OR DISTRIBUTION OF PRODUCTS OR PROCESSES DEVELOPED UNDER THIS AGREEMENT, OR ITS RELIANCE UPON THE REPORTS PROVIDED UNDER THE AGREEMENT. 10. TERMINATION Either Party may terminate this Agreement upon thirty (30) days written notice to the other party. Upon GSURSF’s receipt of a notice of termination, GSURSF shall discontinue all performance of obligations, deliver to SPONSOR all work products completed in performance of the Agreement as of the termination date and invoice SPONSOR for any and all unpaid costs incurred in the performance of this Agreement prior to the termination date. SPONSOR shall then reimburse GSURSF those invoiced costs within thirty (30) days of receipt of this final invoice. 11. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Parties relative to the Research Services described herein. The Agreement may be modified, renewed or extended by written mutual agreement of the parties. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their authorized representative. CITY OF TYBEE ISLAND GEORGIA SOUTHERN UNIVERSITY RESEARCH AND SERVICE FOUNDATION By: By: Name: Shawn Gillen Name: Bruxanne Hein Title: City Manager Title: Executive Director Date: Date: - Page 68 -Item #7. Georgia Southern University Research And Service Foundation 11/07/2019 Wheaton APPENDIX A STATEMENT OF WORK - Page 69 -Item #7. May 5, 2021 Dr. Shawn Gillen City Manager City of Tybee Island P.O. Box 2749 Tybee Island, Georgia 31328 Re: Tybee Island Tourism Analysis Dear Dr. Gillen, The City of Tybee Island have requested an update to the Tybee Island Tourism Study conducted by Armstrong State University in 2015. This study focused on the people visiting Tybee Island over a one-year timeframe beginning in October 2013 and ending in September 2014. The data from this survey was used to create a visitor profile and assess the economic impact of visitors to Tybee Island. Since the report was released, it has been used by both the City of Tybee Island to promote the positive benefits of tourism and to better manage visitor impacts on community resources. The updated report will include a similar visitor profile and economic impact analysis. The visitor profile will consist of standard information for this type of report, including the total number of visitors, with a breakdown of the number of overnight and day-trips, travelers’ point-of-origin, method of transportation to the area, travel party size, booked accommodations, number of room nights, length of stay on the island, and length of stay for the trip. In addition, visitor spending habits will be examined in order to estimate the amount of spending linked to day-trippers and overnight visitors. Each group of visitors will be asked to provide their local expenditure during their visit to Tybee Island. This spending data will cover categories including, but not limited to, lodging, entertainment, shopping/gifts, local transport, and other expenses. The final spending data will serve as the starting point for the economic impact analysis that will cover both the general economic impact of daytime visitors to Tybee Island and a more focused impact on unique visitors that spend the majority of their visit on Tybee Island. In addition, the team will seek additional information on extended stay visitors who are visiting for a longer period of time. Many of these visitors could be benefiting from mobile work policies implemented by companies and other organizations in response to the COVID-19 pandemic. Together these factors will be used as inputs to show the economic impact of visitors to Tybee Island. Finally businesses that support the tourism market will be interviewed - Page 70 -Item #7. to develop a more holistic picture of the issues facing visitors and the tourism industry on Tybee Island. The goal of this research is to estimate the annual economic impact of visitors to Tybee Island. The Center for Business Analytics and Economic Research (CBAER), a member of the Business Innovation Group at Georgia Southern University, will work to meet this objective by completing the steps outlined in the next section. STATEMENT OF SERVICE TO BE PERFORMED: Data Collection • Update the survey instrument created during the Spring of 2020 and develop a data collection plan. • Develop a single survey instrument that will be used for both online and face-to-face travelers. • Conduct an online survey for four quarters beginning in the third quarter of 2021 and ending the third quarter of 2022. • Schedule a minimum of eight data collection weekend events between the Summer of 2021 and the Summer of 2022. Ensure that when the sample is finished, it covers all four seasons. • Develop a complete data request for the City of Tybee Island. • Develop interview questions to be used to discuss visitor impacts with Tybee Island businesses. Data Analysis and Economic Impact • Enter collected surveys into a database and test each round of data collection to ensure consistency. • After the initial analysis is complete and all survey data is in a database, estimates will be generated for the mode of travel, party size, purpose of the trip, length of trip, spending on the trip, and additional basic demographics. • Using survey data and the data provided by the City of Tybee Island, an estimate of the total number of visitors will be generated. This will include a breakdown of both overnight and daytrips to Tybee Island. • The information for these estimates will form the basis for the input into the economic model, IMPLAN. • Using IMPLAN, estimates will be generated for output, value added, labor income, and employment. Also included is information on how dollars being spent are moving - Page 71 -Item #7. through the economy. Both indirect (business-to-business) and induced (consumer-to- business) transactions will be included. Fiscal Impact Analysis • Work with the City of Tybee Island, the City of Savannah, and Chatham County to estimate the local tax revenues, property tax collections, public services, and general fund impacts linked to visitors. • Compare the City of Tybee Island to other communities in Georgia without a large tourism industry. Several factors will be used, including but not limited to population, median household income, unemployment, population density, person per household, etc. • Using the selected Georgia communities, compare government expenditures for services including but not limited to water/sewer, solid waste, police, fire, etc. • Perform a revenue comparison, focusing on areas included but not limited to parking, property taxes, LOST, Hotel/Motel, Alcohol, and other revenue sources. This report will conclude with a final written report that discusses the findings of this analysis. It will also highlight the value of having a beach, including both economic and non-economic impacts. Finally, additional research will demonstrate how the beach on Tybee impacts Chatham County and the State of Georgia. DELIVERABLES AND TIMEFRAME The work outlined in this plan will begin when the client reviews and approves this scope of work document. Once the approval is received in writing, the Georgia Southern University Research and Service Foundation will create a separate document that will serve as the official contract governing the research project. The following timeline will begin after the client reviews and approves this scope of work document. Exact dates will be set based on the delivery needs the City of Tybee Island, and the CBAER research calendar. Phase 1: Data Collection - Online data collection will take place on a quarterly basis beginning in the third quarter of 2021 and concluding in the third quarter of 2022. Face to Face data collection will take place on a quarterly basis concurrent with online data collection. Phase 2: The tax comparison analysis will be prepared during the fourth quarter of 2021. - Page 72 -Item #7. Phase 3: After all survey data has been collected, CBAER will analyze the data and prepare the economic impact analysis. Phase 4: Final report will be completed in the fourth quarter of 2022. The cost for the delivered project as described above is $13,000, with each client paying half of this overall cost. PAYMENT SCHEDULE: Payment 1: $6,500 due on contract executions Payment 2: $6,500 due on delivery of the final report This timeline is contingent upon the terms and conditions presented herein; thus, it is subject to change. After the initial delivery of the final written document, a review period of twenty (20) days will commence, during which preferred modifications to the final written document are to be submitted. CBAER will have ten (10) days to respond to these change requests. CLOSING: I would be pleased to further discuss the proposal with you and other administrators as needed and at your convenience. Please feel free to contact me at (912) 478-5033 or by email at bpmckay@georgiasouthern.edu. Sincerely Ben McKay Assistant Director, Center for Business Analytics and Economic Research Business Innovation Group Georgia Southern University - Page 73 -Item #7. File Attachments for Item: 8. Awarding of ITB 2021-760, Parking Lot Paving - Page 74 -Item #8. ITEM NUMBER DESCRIPTION QUANTITIES UNIT COST UNITS TOTAL PRICE UNIT COST UNITS TOTAL PRICE UNIT COST UNITS TOTAL PRICE 1 MOBILIZATION AND TRAFFIC CONTROL 1 $7,500.00 LUMP SUM $7,500.00 $14,600.00 LUMP SUM $14,600.00 $21,000.00 LUMP SUM $21,000.00 SUB TOTAL $7,500.00 SUB TOTAL $14,600.00 SUB TOTAL $21,000.00 2A GRADING EXISTING GRAVEL SURFACE, COMPLETE AS SPECIFIED 1600 $2.19 SQUARE YARDS $3,500.00 $4.50 SQUARE YARDS $7,200.00 $7.55 SQUARE YARDS $12,080.00 3A RECYCLED ASPHALT CONCRETE PAVEMENT, 9.5 MM SUPERPAVE, TYPE II, GP 2 ONLY, INCLUDES BITUM. MATL AND H LIME 350 $107.71 TONS $37,700.00 $107.00 TONS $37,450.00 $114.50 TONS $40,075.00 4A TACK COAT 105 $6.00 GALLONS $630.00 $3.20 GALLONS $336.00 $9.00 GALLONS $945.00 5A THERMOPLASTIC SOLID TRAFFIC STRIPE, 5 INCH WHITE 650 $2.77 LINEAR FEET $1,800.00 $1.50 LINEAR FEET $975.00 $2.25 LINEAR FEET $1,462.50 WORK UNIT A: SUB TOTAL $43,630.00 WORK UNIT A: SUB TOTAL $45,961.00 WORK UNIT A: SUB TOTAL $54,562.50 2B GRADING EXISTING GRAVEL SURFACE, COMPLETE AS SPECIFIED 700 $2.19 SQUARE YARDS $1,530.00 $7.50 SQUARE YARDS $5,250.00 $14.15 SQUARE YARDS $9,905.00 3B RECYCLED ASPHALT CONCRETE PAVEMENT, 9.5 MM SUPERPAVE, TYPE II, GP 2 ONLY, INCLUDES BITUM. MATL AND H LIME 150 $115.33 TONS $17,300.00 $105.00 TONS $15,750.00 $142.00 TONS $21,300.00 4B TACK COAT 50 $6.00 GALLONS $300.00 $3.20 GALLONS $160.00 $8.25 GALLONS $412.50 5B THERMOPLASTIC SOLID TRAFFIC STRIPE, 5 INCH WHITE 350 $3.43 LINEAR FEET $1,200.00 $1.50 LINEAR FEET $525.00 $2.25 LINEAR FEET $787.50 WORK UNIT B: SUB TOTAL $20,330.00 WORK UNIT B: SUB TOTAL $21,685.00 WORK UNIT B: SUB TOTAL $32,405.00 2C GRADING EXISTING GRAVEL SURFACE, COMPLETE AS SPECIFIED 1725 $2.20 SQUARE YARDS $3,800.00 $4.30 SQUARE YARDS $7,417.50 $6.25 SQUARE YARDS $10,781.25 3C RECYCLED ASPHALT CONCRETE PAVEMENT, 9.5 MM SUPERPAVE, TYPE II, GP 2 ONLY, INCLUDES BITUM. MATL AND H LIME 400 $100.50 TONS $40,200.00 $106.00 TONS $42,400.00 $112.00 TONS $44,800.00 4C TACK COAT 115 $6.00 GALLONS $690.00 $3.20 GALLONS $368.00 $8.85 GALLONS $1,017.75 5C THERMOPLASTIC SOLID TRAFFIC STRIPE, 5 INCH WHITE 825 $1.70 LINEAR FEET $1,400.00 $1.50 LINEAR FEET $1,237.50 $2.25 LINEAR FEET $1,856.25 6C THERMOPLASTIC SOLID TRAFFIC STRIPE, 5 INCH BLUE 50 $14.00 LINEAR FEET $700.00 $14.50 LINEAR FEET $725.00 $21.00 LINEAR FEET $1,050.00 WORK UNIT C: SUB TOTAL $46,790.00 WORK UNIT C: SUB TOTAL $52,148.00 WORK UNIT C: SUB TOTAL $59,505.25 2D GRADING EXISTING GRAVEL SURFACE, COMPLETE AS SPECIFIED 475 $2.53 SQUARE YARDS $1,200.00 $3.30 SQUARE YARDS $1,567.50 $5.50 SQUARE YARDS $2,612.50 3D RECYCLED ASPHALT CONCRETE PAVEMENT, 9.5 MM SUPERPAVE, TYPE II, GP 2 ONLY, INCLUDES BITUM. MATL AND H LIME 105 $111.43 TONS $11,700.00 $110.00 TONS $11,550.00 $165.00 TONS $17,325.00 4D TACK COAT 30 $6.00 GALLONS $180.00 $3.20 GALLONS $96.00 $9.40 GALLONS $282.00 5D THERMOPLASTIC SOLID TRAFFIC STRIPE, 24 INCH WHITE 36 $26.39 LINEAR FEET $950.00 $13.90 LINEAR FEET $500.40 $20.00 LINEAR FEET $720.00 6D MILL EXISTING ASPHALT PAVEMENT, 4-INCH DEPTH 475 $14.32 SQUARE YARDS $6,800.00 $11.80 SQUARE YARDS $5,605.00 $14.00 SQUARE YARDS $6,650.00 WORK UNIT D: SUB TOTAL $20,830.00 WORK UNIT D: SUB TOTAL $19,318.90 WORK UNIT D: SUB TOTAL $27,589.50 PROJECT GRAND TOTAL $139,080.00 PROJECT GRAND TOTAL $153,712.90 PROJECT GRAND TOTAL $195,062.25 WORK UNIT B: BUTLER AVENUE PARKING LOT WORK UNIT C: 19TH STREET PARKING LOT WORK UNIT D: 19TH STREET - CHATHMAM AVENUE TO BUTLER AVENUE R.B. BAKER CONSTRUCTION ITB NO: 2021-760 CITY OF TYBEE ISLAND PAVING OF SOUTH END PARKING LOTS WORK UNIT A: CHATHMAM AVENUE PARKING LOT AD WILLIAMS CONSTRUCTION COMPANY, INC.APAC, A CRH COMPANY - Page 75 -Item #8. - Page 76 -Item #8. - Page 77 -Item #8. - Page 78 -Item #8. - Page 79 -Item #8. - Page 80 -Item #8. - Page 81 -Item #8. - Page 82 -Item #8. - Page 83 -Item #8. - Page 84 -Item #8. - Page 85 -Item #8. - Page 86 -Item #8. - Page 87 -Item #8. - Page 88 -Item #8. - Page 89 -Item #8. - Page 90 -Item #8. - Page 91 -Item #8. - Page 92 -Item #8. - Page 93 -Item #8. - Page 94 -Item #8. - Page 95 -Item #8. - Page 96 -Item #8. - Page 97 -Item #8. - Page 98 -Item #8. - Page 99 -Item #8. - Page 100 -Item #8. - Page 101 -Item #8. - Page 102 -Item #8. - Page 103 -Item #8. - Page 104 -Item #8. - Page 105 -Item #8. - Page 106 -Item #8. - Page 107 -Item #8. U:\Project 2021-760 South End Parking Lots\Award Memo For 2021-760 South End Parking Lot Paving.Docx 1 City of Tybee Island Memorandum To: City of Tybee Island City Council Members From: Pete Gulbronson, City Engineer/Director of Infrastructure Date: June 30, 2021 Re: Award of ITB 2021-760: South End Parking Lots Background I was asked by the City Council to obtain bids for the paving of the three (3) gravel parking lots on the south end of the island. These include the following parking lots: Chatham Avenue from 19th Street to the south end, Butler Avenue from 19th Street to the south end, and 19th Street from Butler Avenue to the east end. The City advertised for bids, held a pre-bid meeting on Wednesday June 2, 2021, and opened the bids on Tuesday June 29, 2021 at 2:00 PM. Overview The City received three (3) bids and all three bidders acknowledged the addendum and all bids were opened and read aloud. The bids ranged from $139,080.00 to $195,062.25. The bid tabs were checked and the low bidder was AD Williams Construction Company, Inc. Summary Funding for this project is in the SPLOST 2020 budget under the account number 323-4210-54- 1400, Street Paving and Maintenance. This account number has a budget of $200,000 and the low bid was $139,080.00. Recommended Next Steps: I would recommend the award of this project to AD Williams Construction Company, Inc. in the amount of $139,080.00. - Page 108 -Item #8. File Attachments for Item: 9. Great America Financial Seervices Corporation, Folder and Inserter - Page 109 -Item #9. - Page 110 -Item #9. - Page 111 -Item #9. - Page 112 -Item #9. File Attachments for Item: 10. First Reading, 2021-22, Chapter 12, Beaches and Waterways - Page 113 -Item #10. PART II - CODE OF ORDINANCES Chapter 12 BEACHES AND WATERWAYS Tybee Island, Georgia, Code of Ordinances Created: 2021-06-28 09:10:15 [EST] (Supp. No. 26) Page 1 of 4 Chapter 12 BEACHES AND WATERWAYS ARTICLE I. IN GENERAL Sec. 12-1. Use of municipal beaches and facilities. (a) Rules and regulations. All persons entering upon the public beaches, or structures erected thereon, shall comply with the following rules and regulations, and failure to do so shall constitute a violation of this article: (1) Swimming area. It shall be unlawful for any person to swim outside of the area extending 50 yards from the water's edge. (2) Placement of litter. It shall be unlawful to throw, place, deposit, sweep or scatter, or cause to be thrown, placed, deposited, swept, or scattered, any paper, food, cigarette butts, bottles, cans, trash, fruit peelings or other refuse upon the beaches or structures erected hereon. Beach goers must have their trash in a container at all times. Littering shall also include the release into the air or surface of balloons, helium or otherwise, and/or heat or flame operated devices sometimes referred to as "sky lanterns", "Chinese lanterns" or "floating lanterns", to include, with regard to balloons or lanterns, helium, foil, mylar or "bio-degradable" devices or items from any location in the city, including the beach, structures on the beach and waters adjacent thereto, and such activity shall be classified as "littering" and subject to the prohibition herein. (3) Glass or breakable containers. It shall be unlawful for any person to take or carry upon the beaches or structures erected thereon any glass or breakable containers. (4) Pets. It shall be unlawful for any person who owns, is in control of, or is in charge of, any dog or other pet, to allow or take that dog or other pet upon the beaches or structures erected thereon. This does not include properly certified guide dogs, or similar animals assisting the blind, deaf, or other physically handicapped persons. (5) Motorized vehicles. It shall be unlawful for any person to take any motorized vehicle on to the beaches or structures erected thereon. This includes automobiles, trucks, motorcycles, all-terrain-vehicles and similar motor driven vehicles and craft. This does not include properly marked emergency vehicles while in the course of an emergency operation, or maintenance/utility vehicles in the employ of the city or similar governmental entity and engaged in a legitimate operation. (6) Motorized watercraft. It shall be unlawful for any person to operate any motorized watercraft, such as a jet ski, motorboat, and similar craft, within 1,000 feet of the waterline on any part of the beach between the north and south rock jetties. (7) Fires. It shall be unlawful for any person to build or maintain any type of open fire on the beach, including any type of charcoal fire, whether or not in a grill or similar container. (8) Disturbing dune vegetation. It shall be unlawful for any person to pick, gather, remove, walk in the dunes, or otherwise disturb the vegetation present on sand dunes, including sea oats. (9) Surfboarding and fishing. Surfboarding and fishing shall be permitted only in designated areas. No person shall operate a surfboard/paddle board unless it is equipped with an appropriate leash which is used at all times. No person shall fish except in areas designated for such purposes. Fishing is prohibited within the 60-foot right-of-way on Alley #3 Back River boat ramp. - Page 114 -Item #10. Created: 2021-06-28 09:10:15 [EST] (Supp. No. 26) Page 2 of 4 (10) Commands of lifeguards. It shall be unlawful for any person to deliberately disobey any reasonable command of a duly appointed and identified lifeguard while in the legitimate performance of his duty, such commands being intended to ensure the safety of persons using the beach and any structures erected thereon. (11) Disorderly conduct; endangerment of self or others. It shall be unlawful for any person to come upon the beaches or structures erected thereon, and individually or in concert with others, do any act or create any condition which does or is calculated to encourage, aid, abet, or start a riot, public disorder or disturbance of the peace; and it shall not be necessary to prove that that person was solely responsible for that riot, public disorder or disturbance of the peace, but only that his appearance, manner, conduct, attire, condition, status or general demeanor was a motivating factor that resulted in the riot, public disorder or disturbance of the peace. Any person who refuses when commanded by a police officer or other enforcement official of the city to leave the beach or structures erected thereon immediately, shall be guilty of an offense for refusal to obey the order or command of a police officer or other enforcement official of the city, and deemed to be a rioter or disturber of the peace. It shall also be unlawful for any person to come upon the beaches or structures erected thereon and act in any way which is likely to cause endangerment to himself or others. (12) Nudity. No nudity on beaches. (13) Beer kegs. The presence of beer kegs on the beach is often associated with underage drinking, littering, public intoxication and disorderly conduct and because such activities are in direct conflict with family recreation, such containers and similar devices for dispensing of large quantities of alcoholic beverages are expressly prohibited. (14) Jumping or diving from pier or public structure. It shall be unlawful for any person to jump or dive from any pier or public structure except those that might be specifically built for that purpose and as may be specifically authorized in connection with a properly authorized special event. (15) Walking or climbing on public structures. It shall be unlawful to walk or climb upon the rocks, jetties, or other manmade structures which are marked with appropriate signage. (16) Bathing in restroom facilities prohibited. It shall be unlawful for anyone to use public restrooms on the pier, the beach, strand, or adjacent areas, except where a shower facility exists and is operational, to bathe or attempt to bathe, shower or wash by use of the sinks in bathroom facilities or other fixtures therein, except for showers, and further sink facilities shall not be used for rinsing, washing off except for a person's face and hands. No such fixtures or facilities shall be used for the washing off of property including, but not limited to, clothing, toys, coolers, recreational equipme nt, chairs, floats, and any similar items, nor for cleaning of fish, shells, sand dollars, or other sea animals or items, living or dead. (17) Removal of live animals. It shall be unlawful to remove any non-regulated live animals including shells, sand dollars and hermit crabs and other invertebrates from the beach. Nothing herein shall be construed as prohibiting recreational fishing or crabbing for blue crab as permitted by the Department of Natural Resources fishing regulations. (l8) Sales or soliciting sales on the beach. It shall be unlawful for any person to sell or offer for sale any goods, wares, merchandise, or food on the beach, or to solicit from any person for the purchase of any goods, wares, merchandise, or food on the beach. (19) Obstructions and equipment on the beach prohibited. It shall be unlawful for any person to leave an item of personal property unattended on any portion of the sand beach from 9:00 p.m. until 7:00 a.m. except as otherwise permitted by law or by permit granted by the city manager on application. City personnel are authorized to remove any unattended personal property, including any type of personal property including, as way of example and not limitation, tents (including frames), canopies, cabanas, - Page 115 -Item #10. Created: 2021-06-28 09:10:15 [EST] (Supp. No. 26) Page 3 of 4 umbrellas and other shading devices, picnic tables, volleyball nets, beach chairs, coolers, kayaks, canoes, catamarans, floats, sail boards, surf boards, kits, jet skis, sail boats and other water craft. (20) [Off-limits.] It shall be unlawful for any person to walk, swim or wade to the south end sandbar area beyond the area of the beach designated by signage prohibiting activities beyond the point of such sign as the area has been designated as extremely hazardous. (21) [Use of tobacco or related products.] It shall be unlawful for any person to smoke, vape or use tobacco or related products in an area of the public beach commencing at the improved right -of-way of 14th Street and proceeding easterly to the ocean and inclusive of the ocean and then proceeding in a southerly direction to the end of the right-of-way of 16th Street/Tybrisa Avenue, to include the dune areas and ocean adjacent to the beach. (b) Exception to the rules. Exceptions to any of the above rules and regulations may be allowed by way of a special permit granted by the mayor and council or by a permit granted by the city manager pursuant to his or her authority to grant a commercial film production permit. In the case of the overnight storage of unattended personal property, a permit to do so may be granted when special circumstances exist as determined by the city manager who shall be authorized to issue such permits. (c) Enforcement of rules and regulations. Enforcement of these rules and regulations shall be by employees of the city police department or the city marshal and/or the designees of either the police department or the city marshal. The police department employees and the city marshal and the designees of either are authorized to require persons using the beach or structures erected thereon to o bey reasonable commands designed to protect the public and public property, and the failure to obey any lawful command of those individuals shall be a violation of this section. (d) Penalty for violation. Any person convicted of violating any of the provisions of this section shall be punished by a fine not to exceed $1,000.00 or imprisonment for a term not exceeding six months and to perform community service for a period not exceeding 60 days, any or all such penalties in the discretion of the judge. When found by an employee as described above, the person responsible for the violation will be issued a citation and subpoena which names the violation and establishes a date for the violator to appear in court to answer the charge. Violators may elect to pay the fine without appearing in court; such action shall constitute a plea of guilty to the charge. When confronted with a violation, enforcing officers may exercise discretion to the point of transporting violators without delay to the police station for t he purpose of posting bond in order to ensure their appearance in court. (e) Penalty for pet prohibition. The fine for the offense of violating subsection (a)(4) of this section prohibiting pets on the beach, shall not be less than $200.00 for the first offense plus applicable court fees, and not less than $400.00 for subsequent offenses, plus applicable court fees for any subsequent offense occurring within a 12-month period of a preceding offense. (f) Penalty for litter. The fine for the offense of violating subsection (a)(2) of this section prohibiting litter on the beach, shall be not less than $100.00 plus applicable court fees and not less than $200.00 for subsequent offenses plus applicable court fees for any subsequent offense occurring within a 12-month period of a preceding offense. (g) Penalty for abuse of restroom facilities. The fine for the offense for violation of subsection (a)(16) of this section prohibiting bathing in inappropriate restroom facilities, shall be $100.00 plus applicable cou rt costs. (Code 1983, § 9-5-1; Ord. No. 2005-11B, 6-21-2005; Ord. of 6-8-2006; Ord. of 4-26-2007(1); Ord. of 6-11-2009(1); Ord. No. 29-2011A, 7-28-2011; Ord. No. 33-2011, 8-11-2011; Ord. No. 36-2011, 9-8-2011; Ord. No. 41-2014, § 1, 8- 14-2014; Ord. No. 12-2015, § 1, 4-9-2015; Ord. No. 26-2015 , § 1, 9-10-2015; Ord. No. 16-2016 , § 1, 6-23-2016; Ord. No. 11-2019 , §§ 1, 2, 6-13-2019; Ord. No. 14-2019 , § 1, 9-24-2019; Ord. No. 2020-11 , § 1, 3-12-2020) - Page 116 -Item #10. Created: 2021-06-28 09:10:15 [EST] (Supp. No. 26) Page 4 of 4 4825-4220-0816.1 Sec. 12-2. Shark fishing prohibited. (a) It shall be unlawful for anyone to fish for sharks of any species on or from any of the public beaches, docks or piers of the city. (b) Violations shall be punishable by fines not to exceed $300.00 and/or imprisonment not to exceed six months and/or to perform community service for a period not exceeding 60 days, any or all such penalties in the discretion of the municipal judge. (Code 1983, § 9-6-1) Secs. 12-3—12-27. Reserved. ARTICLE II. WATERCRAFT Sec. 12-28. Powered (motorized) watercrafts—Restrictions; penalty. (a) It shall be unlawful for any person owning, borrowing, leasing, or renting a powered (motorized) watercraft to: (1) Ingress or egress the waters surrounding the city other than at the municipal boat ramp on the Back River at Chatham Avenue, a private residential dock, or a commercial marina; or (2) Approach closer than 1,000 feet from the mean high water mark of the municipal beach extending from the rock jetty at Nineteenth Street north to the rock jetty at the confluence of the Atlantic Ocean and the Savannah River at Fort Screven. (b) It shall be the duty of the lifeguards and/or other city officials to notify the coast guard or the dep artment of natural resources concerning violations of this section, and where possible, within the city limits, the chief of police or any law officer shall have the arresting authority for violators of this section. The provisions of this section shall not apply to the use of a powered (motorized) watercraft engaged in an activity authorized under state law. (c) Any person violating any of the provisions of this section shall, upon conviction before the court of the city, be fined not less than $100.00, nor more than $300.00. (Code 1983, §§ 7-3-6, 7-3-7) - Page 117 -Item #10. ORDINANCE NO 2021-22 AN ORDINANCE TO AMEND SECTIONS OF CHAPTER 12 OF THE CODE OF ORDINANCE OF THE CITY IN ORDER TO MAKE REVISIONS THEREOF AND TO CLARIFY CERTAIN PROVISIONS AND TO CORRECT PROVISIONS IN CHAPTER 12 REGARDING FISHING 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, it is important to have provisions that are consistent with state regulations and laws; and WHEREAS, it is important to communicate to the public any limitations on fishing activities; and NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: SECTION I Those sections listed below are to be deleted in their entirety or amended so as to be worded as stated on the attached revisions: 12-1 and 12-2. - Page 118 -Item #10. 4852-5558-8080.1 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 119 -Item #10. File Attachments for Item: 11. First Reading, 2021-18, Chapter 42-67, Marijuana - Page 120 -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 121 -Item #11. 06.30.21 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 ensure that all prior misdemeanor marijuana convictions are resentenced as city ordinance violations; that such charges are restricted from the defendant’s GCIC, and that the - Page 122 -Item #11. 06.30.21 Marijuana Ordinance court record is sealed if all charges related to the underlying arrest were dismissed, nolle prossed, or reduced to a city ordinance violation. Defendants shall receive notice of the resentencing by regular mail to their last known address. 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 VIn 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 123 -Item #11. File Attachments for Item: 12. Second Reading, 2021-21, Animal, Chapter 10 - Page 124 -Item #12. ORDINANCE NO 2021- ____ AN ORDINANCE TO AMEND SECTION OF CHAPTER 10 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 10 REGARDING PROPER CONTROLS AND RESTRAINTS OVER ANIMALS AND ACTIVITIES OF CODE ENFORCEMENT TO ENSURE ANIMALS ARE SECURELY RESTRAINED 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, it is in the interest of public safety that animals be securely controlled by their owners and handlers; and WHEREAS, it is important for owners to secure their animals both on their property and off property such that no other citizen is placed in a position of danger; and WHEREAS, Code Enforcement and other City officials should be able to enforce these provisions without interference from the public; and NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: - Page 125 -Item #12. SECTION I Those sections listed below are to be added, deleted in their entirety or amended so as to be worded as stated on the attached revisions as indicated: 10- 1, 10-2, 10-4, 10-8, 10-12, 10-15, 10-17, 10-29, 10-31 and 10-32. 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 126 -Item #12. File Attachments for Item: 13. Bubba Hughes: Proposed Agreement with Chatham Emergency Management Services, formerly known as Southside Fire, to operate or manage the TIFD and possibly the beach safety program - Page 127 -Item #13. 1 MANAGEMENT/ LEADERSHIP AGREEMENT This Agreement made and entered into this ___ day of ______, 2021, by and between the CITY OF TYBEE ISLAND, GEORGIA (hereinafter the "City") and CHATHAM EMERGENCY MANAGEMENT SERVICES (hereinafter "CEMS") formerly known as Southside Fire Department and/or Southside Communities Fire Protection, Inc. WITNESSETH: WHEREAS, the City is a municipal corporation under Georgia law authorized to provide governmental, recreational, public health and similar activities and facilities to citizens and is desirous or improving its ability to do so; and WHEREAS, CEMS is a non-profit corporation engaged in, among other things, providing fire protection services to the unincorporated area of Chatham County and other areas by agreement; and WHEREAS, the City is in need of assistance of CEMS in connection with the operation of the Tybee Island Fire Department; and WHEREAS, CEMS has agreed to provide leadership level services to include oversight by an appropriately trained and qualified Chief of the department and an Assistant Chief who will provide on-site services; and WHEREAS, CEMS has access to Southside Community Fire Protection, Inc. and currently provides ambulance services to the City of Tybee Island with a lease of the use of certain city property which shall continue hereafter and is not covered nor impacted by this Agreement; and WHEREAS, the City and Chatham County have entered into certain mutual aid agreements for services and this agreement is to be interpreted consistently with provisions of the - Page 128 -Item #13. 2 existing mutual aid agreement or agreements with regard to emergency services and is not intended to replace or alter any such mutual aid agreement or agreements; WHEREAS, it is the intent of the City and CEMS to continue to work together in good faith under this Agreement, the policies of the City and applicable laws and ordinances of the City and State of Georgia; NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City and CEMS, intending to be legally bound, hereby covenant and agree as follows: 1. CEMS will provide leadership positions consisting of a properly qualified Fire Chief and a properly qualified Assistant Fire Chief to provide leadership and management services in connection with the operation of the City Fire Department. 2. The remote oversight of the operations of the Fire Department shall be overseen by the Chief provided by CEMS; however, it is not necessary that the Chief be on premises on all occasions or full time, but rather, shall maintain contact with the City Manager in connection with operations of the Department and shall be responsible for insuring that fire protection and other services, including beach safety and ocean rescue services, will be provided appropriately and safely throughout the City and in conformity to all laws, ordinances and standards applicable thereto. 3. The CEMS shall provide an Assistant Fire Chief who shall maintain a physical presence at the Tybee facility on a regular basis and exercise appropriate and necessary oversight and training of the members and employees of the Department and exercise appropriate management skills to insure the Department and its operations run smoothly and in compliance with all standards applicable to firefighters and beach safety providers under applicable rules, laws and regulations. - Page 129 -Item #13. 3 4. The City shall own and maintain all equipment and vehicles necessary for the operation of the Department and shall supply appropriate communication and other equipment for the designated Chief and Assistant Chief supplied by CEMS. Upon notice to the Manager of not less than ten (10) days, CEMS may substitute appropriately trained and qualified individuals to fill in for the designated representatives in their absence for necessary vacation or other authorized occasions. 5. Representatives of the City and CEMS intend to negotiate in good faith with regard to appropriate compensation to CEMS in accordance with existing pay structure or compensation structure of CEMS and further, agree to pursue discussions to arrive at an agreement where the CEMS will provide fire protection and beach safety services including ocean rescue and lifeguard services to the City. 6. CEMS shall bill on a monthly basis the City for all services provided in accordance with the payroll structure attached hereto for the Chief and Assistant Chief and the City shall promptly and without delay pay the appropriate payments to CEMS. 7. Prior to the initial work and services supplied hereunder, the City shall provide CEMS with a Notice to Proceed incorporating this agreement or referencing this agreement and the agreed upon fee structure and any further provisions agreed to by the parties hereto. 8. CEMS shall at all times maintain in full force and effect all professional liability errors and omissions insurance and comprehensive general liability insurance insuring its representatives, employees and/or contractors assigned provide the services under this agreement. Such insurance shall be in a minimum amount of One Million Dollars per occurrence and Three Million Dollars aggregate issued by an insurance company or a companies - Page 130 -Item #13. 4 licensed to do business in the State of Georgia reasonably acceptable to the City and shall name the City of Tybee Island as an additional insured. 9. During the term of this agreement, the City at its sole expense shall maintain in full force and effect its participation in the Georgia Interlocal Risk Management Agreement providing coverage to the City for occurrences covered under the coverage agreement. Since CEMS is not a municipal government, it can not be named as an additional insured on the City's coverage agreement with the Georgia Interlocal Risk Management Agency. Further, municipalities under Georgia law are not authorized to provide indemnity to non-governmental entities. 10. During the term of this agreement CEMS covenants and agrees that it shall indemnify and save the City harmless from and against any and all losses, damages, liabilities and expenses including, without limitation, settlement cost and any reasonable legal or other expenses for investigation or defending any actions or threatened actions incurred by, imposed upon or asserted against the City resulting from or in connection with any misrepresentation or breach of any promise made by CEMS in this agreement or the breach of any covenant, agreement or obligation of CEMS contained in this agreement including, without limitation, the obligation to maintain insurance as required. 11. Not withstanding anything in this agreement to the contrary, the indemnification referred to above shall survive the termination of this agreement. 12. The parties agree that the obligations hereunder are not assignable without the written consent of the other party hereto. 13. This agreement shall be governed by, and interpreted under, the laws of the State of Georgia, unless such State laws are preempted by federal law, as to any matter. Any disputes hereunder shall first proceed to mediation by a mediator acceptable to each party or if the parties - Page 131 -Item #13. 5 cannot agree to a mediator, each party shall select one mediator and those mediators shall designate a mediator to preside over the mediation. 14. The term of this agreement shall be for Ninety (90) days unless extended by written agreement executed by each of the parties hereto. This _______ day of _________________________, 2021. CITY OF TYBEE ISLAND, GEORGIA By_________________________________ Mayor, Shirley Sessions Attest: _______________________________ Jan LeViner, Clerk of Council Agreed to as to form: ____________________________________ Edward M. Hughes City Attorney CHATHAM EMERGENCY MANAGEMENT SERVICES By:__________________________________ - Page 132 -Item #13. File Attachments for Item: 15. Shawn Gillen: DNR Permit for Beach Crossover Benches - Page 133 -Item #15. July 1, 2021 Mr. Shawn Gillen City Manager PO Box 2749 Tybee Island, GA 31328 Dear Shawn, Per your request, attached are the following materials for use at the City Council meeting July 8, 2021: • Summary of crossover status as of May 31, 2021, though I believe this status is the same today, • Georgia Department of Natural Resources (DNR) Standard Permit Conditions for Dune Crosswalks, • Instructions for Completing a Georgia Shore Protection Act Permit Application. The crossovers were built and extended under SPA Permit 460 granted April 11, 2018, SPA Permit 473 granted December 4, 2019, and Letter of Permission granted November 6, 2021. According to DNR guidelines, no structures other than approved crossovers are allowed within DNR jurisdiction. The City’s crossover benches, swings, and pavilions are not permitted nor authorized by the DNR. They are allowed to remain until such time as they are rebuilt or need major modification for maintenance. Accordingly, and at the direction of the DNR, new crossovers were built at 18th Street, Center Street, and 2nd Street without benches. In the case of seven existing crossovers: 13th, 11th, 10th, 9th, 8th, 7th, and 6th Streets, the seaward end of the crossover had to be removed in order to raise and extend them over the dunes. In these instances, the benches were removed in accordance with DNR requirements. The City may seek a SPA Permit to obtain authorization to maintain the existing unauthorized structures: benches, swings, and pavilions and replace those recently removed. However, the DNR guidelines for dune crossovers, meant exclusively for ingress and egress for the beach, is a long-standing policy applied across all DNR jurisdictions in the State, meant to protect turtle nesting habitat and limit potential damage during storms. According to the DNR instructions, a survey and engineering drawings of all existing and proposed structures would need to be submitted. - Page 134 -Item #15. I will attend the Council meeting on July 8th and would be pleased to assist in any way. Best regards, Alan W. Robertson Principal AWR Strategic Consulting PO Box 303 Tybee Island, GA 31328 - Page 135 -Item #15. 1. There are 29 public access points: 24 pedestrian and 5 vehicle a. Vehicle access: Inlet, 19th, 3rd, Gulick, Polk b. A crossover at Anchor is planned to be built this fall, which will bring the total to 30 3. 17 of the 24 pedestrian crossovers have been rebuilt after completion of beach and dune restoration: a. 18, 17, 16, 15, 14, 13, 12, 11, 10, 9, 8, 7, 6, Center, 2nd, Eastgate, Gulick 4. 7 benches were removed during the rebuild a. 13, 11, 10, 9, 8, 7, 6 5. There are now benches on 11 of the 24 crossovers (46%): a. Chatham, 19th (Pavilion), 17, 16, 15 1/2, 14 1/2, 12, Eastgate, Gulick, North Beach (Pavilion), Taylor 6. There are now 21 swings on the beach (72% of the 29 access points). a. Of these 21 swings, 9 swings are in the dunes (43%). b. This does not include those swing supports that remain after the swing seats have been removed. 7. As new seaward signage is in place, including the improved black & white street signs for better visibility from a distance, old street signs, informational signs, and other derelict structures are being removed. 8. It is expected that a DNR LOP to rebuild Chatham, 15 1/2, North Beach, and Taylor after turtle season will be submitted at a later date. 9. The most recent cost to build crossovers is $200/LF - 50% material, 50% labor. 10. DNR Standard Permit Conditions for Dune Crosswalks attached a. “For new construction, no decks or viewing platforms will be approved in the jurisdictional area. Previously permitted and grandfathered structures may be maintained provided they are serviceable.” 11. DNR SPA Permit Applications attached a. Engineering drawings required - Page 136 -Item #15. - Page 137 -Item #15. - Page 138 -Item #15. - Page 139 -Item #15. - Page 140 -Item #15. - Page 141 -Item #15. - Page 142 -Item #15. File Attachments for Item: 16. Shawn Gillen: STVR Renewal Fees - Page 143 -Item #16. STVR OCCUPANCY STVR UNITS STVR FEE TOTAL OCCUPANCY Revenue 2 49 220$ 98 10,780$ 3 11 230$ 33 2,530$ 4 201 240$ 804 48,240$ 5 30 250$ 150 7,500$ 291 1085 69,050$ 6 354 320$ 2124 113,280$ 7 38 340$ 266 12,920$ 8 297 360$ 2376 106,920$ 9 34 380$ 306 12,920$ 10 165 400$ 1650 66,000$ 888 6722 312,040$ 11 16 530$ 176 8,480$ 12 78 560$ 936 43,680$ 13 10 590$ 130 5,900$ 14 31 620$ 434 19,220$ 15 8 650$ 120 5,200$ 16 17 680$ 272 11,560$ 17 3 710$ 51 2,130$ 18 6 740$ 108 4,440$ 19 2 770$ 38 1,540$ 20 9 800$ 180 7,200$ 21 3 830$ 63 2,490$ 22 4 860$ 88 3,440$ 24 2 920$ 48 1,840$ 28 1 1,040$ 28 1,040$ 40 1 1,400$ 40 1,400$ 96 1 3,080$ 96 3,080$ 192 2808 122,640$ Total 1371 503,730$ - Page 144 -Item #16. Per Bedroom Three Tier Occupancy Number of Bedrooms 3747 Occupancy 1-5 1085 Tier One Rate 10 Number of STVR 1371 Occupancy 6-10 6722 Tier Two Rate 20 Base Rate $230 Occupancy 10 or more 2808 Tier Three Rate 30 Per BR $50 Number of STVRs 1371 Total $502,680 Base Rate 200$ Total 503,730$ Flat Rate $375 507,270$ - Page 145 -Item #16. File Attachments for Item: 17. PC MINUTES-JUNE 21, 2021 - Page 146 -Item #17. 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 June 21, 2021 Chair Bishop called the June 21, 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 May 17, 2021 meeting minutes. J. Whitley Reynolds made a motion to approve. Elaine T. McGruder seconded. The vote to approve was unanimous. Disclosures/Recusals: Chair Bishop asked if there were any Disclosures or Recusals. There were none. Old Business: VARIANCE: build second set of stairs in setback after addition and reduce greenspace – 1209 Butler Ave.– 40007 07008–Zone R-2–Jeff Cramer. George Shaw stated the applicant would like to add a second floor to the one story home. In doing so they would like to put the stairs from that second floor in the setback. There is room within the confines of the setback to add a second set of stairs. As this is an addition to an existing home, staff sees no hardship and cannot recommend approval. Jeff Cramer who lives at 11 Jones Avenue, Tybee Island and is the architect for the applicant approached the Planning Commission and stated the applicant is asking to put the second set of stairs in the setback to allow more room. Based on the Tybee code the zoning administrator can approve the second set of stair for an existing or future elevated home. And theirs will be elevated. The home no longer fits the applicant’s needs and they are going to make it their permanent residence and have their mother in law living with them. David McNaughton asked if they considered putting the stairs in the area of the garage instead of the setback. Jeff Cramer stated they looked at some options and it took up too much area of porch, storage and parking. Susan Hill asked Jeff Cramer if he thinks elevated means lifted up on piers. Jeff Cramer stated this house is above flood so the bottom is legal. Elaine McGruder stated just because you are adding a second story doesn’t mean that the house itself is being elevated. Jeff Cramer stated he won’t be lifting the home itself but he thinks that means the same thing. Mike Wilson the owner of 1209 Butler approached the Planning Commission and stated they are wanting to have enough room to retire and I will be him his wife and mother in law, and they wanted storage space and parking. We are also scared that putting the stairs in the porch would be a falling hazard. David McNaughton made a motion to deny. Elaine T. McGruder seconded. Voting in favor were Marie Gooding, Elaine T. McGruder, David McNaughton and Susan Hill. Voting against was J. Whitley Reynolds. Motion passed 4-1. - Page 147 -Item #17. SITE PLAN APPROVAL: Add walk in cooler & renovate deck-106 S. Campbell Ave.–40003 04006–Zone C-2-Ricardo A. Ochoa. George Shaw stated the applicant would like to add a walk in cooler and redo their deck and a small back deck for employees. They have also updated their sight plan with what was asked for from last month’s Planning Commission meeting. This is a significant improvement to the site. Kevin Rose, who lives at 311 Maupas, Savannah approached the Planning Commission and stated he is the Architect for the applicant and this is needed for the restaurant to store more food. And the small deck in the back is a safety deck for the employees to go back and forth to the cooler. J. Whitley Reynolds made a motion to approve. Marie Gooding seconded. The vote to approve was unanimous. Discussions: STVR software and registration report from Staff George Shaw stated he was asked by David McNaughton to bring a report on STVR software and registration. He stated code enforcement will be going through the noncompliant properties that the software system (Host) identified. We had some problems with the software at the start and now we have it working well. Demery Bishop asked where City Council is on the recommendations from the STVR working group task force. George Shaw stated they are still working on some of the recommendations. David McNaughton stated is the investment worth the return. George Shaw stated that is not for him to decide. Demery Bishop stated City Council should revisit the working group’s recommendation for annual safety inspections for all STVR properties to protect the visitors. Adjournment: 8:00pm Lisa L. Schaaf - Page 148 -Item #17.