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HomeMy Public PortalAbout20211028Packet.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 October 28, 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: Retired Educators Day Consideration of the approval of the minutes of the meetings of the Tybee island City Council 2. Minutes, October 14, 2021 3. Addition to Minutes 4. Notes: City Council Workshop "Assess Surveys" STVR's Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. 5. David Baker: Continued Lack of Transparency by Select City Staff If there is anyone wishing to speak to anything on the agenda other than the Public Hearings, please come forward. Consideration of Approval of Consent Agenda Consideration of Bids, Contracts, Agreements and Expenditures 6. Agreement: Leonard and City of Tybee Island: Improvement of Polk Street south of Highway 80 7. Tree Removal Costs on unopened 5th Avenue 8. ITB 2021-762: Tybee Promenade Public Restrooms. This project is being funded with Chatham County SPLOST funds - Page 1 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 9. Contract: Electric Vehicle Charging Stations Licensing Agreement 10. State Fiscal Recovery Fund Terms and Conditions for Public Safety Officials and First Responders Pay Supplement 11. Host Compliance (Granicus) Agreement Consideration of Ordinances, Resolutions 12. First Reading, 2021-29 Sec 34-261(c)(3) and to add new Sec 34-266, Limit the Number of Permits for the Operation of STVR's 13. Second Reading: 2021-28, Sec 7-060: Removal of Significant Trees Council, Officials and City Attorney Considerations and Comments 14. John Branigin: Revisit Public Hearing Decision: 1517 Miller Avenue, Petitioner Osborn & Warakomski 15. Shawn Gillen: ASBPA Conference Update 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. Proclamation: Retired Educators Day - Page 3 -Item #1. BY THE MAYOR OF THE CITY OF ____________________, GEORGIA OR BY THE CHAIRMAN OF THE BOARD OF COMMISSIONERS, COUNTY OF ______________________, GEORGIA WHEREAS: The Governor of the State of Georgia has proclaimed the day of Sunday, November 7, 2021 as Retired Educators Day in Georgia; and WHEREAS: There are more than 135,000 retired educators in Georgia, 31,000 plus of whom are members of the Georgia Retired Educators Association; and WHEREAS: The retired educators of Georgia donate thousands of hours of volunteer service and make invaluable contributions to the welfare of their respective communities across the state; and WHEREAS: It is appropriate that a day be designated for citizens to express their appreciation for the contributions that retired educators have made and continue to make for the betterment of human lives and for society; and WHEREAS: Local churches will recognize those lasting contributions made by retired educators in this community; now THEREFORE: I, Mayor (or Chairman) of ________________________________ (City or County) do hereby proclaim the day of November 7, 2021, as “RETIRED EDUCATORS DAY” and I call upon the citizens of _________________________________ to observe that day in an appropriate manner honoring retired educators. Given unto my hand and seal at ________________________, Georgia, on this _____ day of ______________________, in the year of our Lord, 2021. ____________________________________ Mayor (or Chairman) ATTEST ___________________________________ (Name and /or Title) - Page 4 -Item #1. File Attachments for Item: 3. Addition to Minutes - Page 5 -Item #3. - Page 6 -Item #3. - Page 7 -Item #3. - Page 8 -Item #3. - Page 9 -Item #3. - Page 10 -Item #3. - Page 11 -Item #3. - Page 12 -Item #3. - Page 13 -Item #3. - Page 14 -Item #3. - Page 15 -Item #3. - Page 16 -Item #3. - Page 17 -Item #3. - Page 18 -Item #3. File Attachments for Item: 4. Notes: City Council Workshop "Assess Surveys" STVR's - 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. - Page 28 -Item #4. - Page 29 -Item #4. - Page 30 -Item #4. - Page 31 -Item #4. - Page 32 -Item #4. - Page 33 -Item #4. - Page 34 -Item #4. - Page 35 -Item #4. - Page 36 -Item #4. File Attachments for Item: 5. David Baker: Continued Lack of Transparency by Select City Staff - Page 37 -Item #5. - Page 38 -Item #5. File Attachments for Item: 6. Agreement: Leonard and City of Tybee Island: Improvement of Polk Street south of Highway 80 - Page 39 -Item #6. 1 AGREEMENT THIS AGREEMENT made and entered into this ____ day of __________________, 2021 by and between MICHAEL LEONARD (hereinafter “Leonard”) and THE CITY OF TYBEE ISLAND, GEORGIA, a municipality of the State of Georgia, (hereinafter “City”), and WHEREAS, Leonard is the owner of that certain tract or parcel of land and the improvements thereon commonly known as 318 Polk Street, Tybee Island, Georgia 31328 (hereinafter the “Property”); and WHEREAS, the Property is accessed via a drive or street known as South Polk Street, or Polk Street, and/or Salt Meadows (hereinafter “Access Road”) and Leonard’s private driveway (hereinafter the “Leonard Driveway”); and WHEREAS, access to the Property for Leonard and emergency vehicles or other traffic has become difficult due to tidal action, erosion and regulatory restrictions arising due to the environmentally sensitive nature of the area; and WHEREAS, the status of portions of the Access Road used from Highway 80 used to ingress or egress the Property is uncertain insofar as its status as public, private, and/or whether there are any maintenance obligations in connection therewith; and WHEREAS, the parties have worked diligently, cooperatively and in good faith to obtain permits to improve the Access Road, Leonard Driveway and such adjacent land as may be necessary for access, culverts, support and related work (hereinafter collectively referred to as the “Access Areas”); and WHEREAS, the efficacy of contemplated improvements to be made to the Access Road and adjoining areas in order to travel to and from the Property has finally been permitted by the Coastal Marshland Protection Committee (“CMP”) after years of efforts by the City and Leonard; and WHEREAS, in connection therewith, on July 16, 2021, CMP issued Coastal Marshlands Protection Act Permit # 789, which is attached hereto as Exhibit “A” and incorporated herein by this reference (the “CMP Permit”), subject to U.S. Army Corps of Engineers (“USACE”) Permit No. SAS-2012-00089, as modified by that certain Letter from the USACE to the City of Tybee dated June 15, 2017, which is attached hereto as Exhibit “B” and incorporated herein by this reference (the “USACE Permit” and, together with the CMP Permit, hereinafter collectively referred to as the “Permits”); and - Page 40 -Item #6. 2 WHEREAS, according to the terms of the CMP Permit, the CMP Permit became final and unappealable as of August 15, 2021, and the CMP Permit expires on July 16, 2026; WHEREAS, the parties now desire to bid, hire and perform such work as is contemplated under the Permits and necessary to improve the Access Areas, such that the Access Road and Leonard Driveway are properly elevated, stable, safe and passable at all times, at the parties’ shared expense based on their relative ownership of the Access Areas; and WHEREAS, the City does not commit and cannot commit to participate in future efforts to improve or maintain the Access Areas nor can it warrant the effectiveness of the intended improvements at the current time to the Access Areas and by entering into this Agreement, the City is not acknowledging that it has any obligation or duty to provide or maintain a causeway or roadway to the Property except for ordinary and routine maintenance to the public portions thereof; and WHEREAS, the City will provide routine maintenance to the Access Road; however, in the event maintenance becomes impractical or infeasible as a result of physical changes to the property around the Access Road and/or to the Access Road in the determination of the City, the City will give notice to Leonard or his successors in interest of that fact and Leonard or his successors shall thereafter have the option to seek to repair or contribute to the repair to the entire Access Road or pursue other action in Leonard’s discretion. Each party, however, realizes that, due to tides, rising sea levels and changes in property as a result, as well as changes that may occur with respect to controlling legal and permitting authorities, future repairs, maintenance, or improvements may be difficult or impractical. NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 ($10.00) Dollars, in hand paid, and the mutual covenants and conditions contained herein, and any other good and valuable consideration set forth herein, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties hereby covenant and agree as follows: 1. The parties hereto acknowledge and agree that, in accordance with the measurements set forth in the CMP Permit, and because the City cannot perform work on private property, Leonard agrees to be and remain responsible for the Leonard Driveway and to pay or reimburse the City for 1/5th of the overall cost to improve the Access Areas, and the City shall be responsible for the balance of all such costs. The parties hereto agree to cooperate in good faith toward securing the necessary bids or proposals, and to share the cost thereof in according to their Pro Rata shares, in order to improve the Access Areas consistent with such Permits. - Page 41 -Item #6. 3 2. The City will solicit bids and/or proposals for a contractor or contractors to make the improvements to the Access Areas authorized by the CMP Permit, in accordance with the Permits attached hereto as Exhibits "A" and “B” (hereinafter referred to as the “Work”). 3. The City shall solicit appropriate proposals and/or bids in accordance with all statutory and local procurement practices and it is agreed that the parties hereto will s hare in the respective cost of making improvements in conformity with the application and their pro rata responsibilities described in Paragraph 1 above. 4. All contracts arising from such bid and procurement efforts or otherwise relating to the Work shall be written to and for the benefit of the City and Leonard, such that Leonard has and maintains privity of contract with the persons and entities performing the Work, subject to the terms of such contracts and applicable laws. Although the City shall administer bids, procurement, contracting and supervision of the Work, the City shall submit all proposed contracts concerning the Leonard Driveway to Leonard for his prior review and approval, which shall not be unreasonably withheld, conditioned or delayed. 5. Subject to the foregoing, and in consideration of the City participating in the permitting and improvement process as described in such permitting documents, Leonard, individually, for himself, his respective heirs, successors, executors, representatives and assigns, does hereby release and forever discharge the City, its agents, representatives, officials and employees, from any claims for damages, expenses, equitable relief, or any claims or causes of action whatsoever, whether now existing or hereafter accruing, in reference to the subject matter of this Agreement including, but not limited to, the Access Areas, the condition of the Access Areas, all tidal activity and claims of obligations whatsoever, both in the past or in the future relating to the existence or maintenance of the Access Areas or any work or requirements related thereto, directly or indirectly. The parties hereto acknowledge that the City is participating in the effort to improve the Access Road as consideration for this release and that the City makes no warranty, representation, promise, or assurance whatsoever that it will continue to improve or maintain the Access Road now or in the future following the completion of the improvements contemplated by the permits recently secured. The terms hereof are to control over any inconsistent terms or obligations under any other documents, regulations, or authority to the contrary or which is inconsistent herewith. 6. Subject to the foregoing, the City does hereby release and forever discharge Leonard and his agents, representatives, heirs, successors and assigns, from any claims for damages, expenses, equitable relief, or any claims or causes of action whatsoever, whether now existing or hereafter accruing, in reference to the subject matter of this Agreement including, but not limited to, the Access Areas, the condition of the Access Areas, all tidal activity and claims of obligations whatsoever, both in the past or in the future relating to the existence or maintenance of - Page 42 -Item #6. 4 the Access Areas or any work or requirements related thereto, directly or indirectly. The terms hereof are to control over any inconsistent terms or obligations under any other documents, regulations, or authority to the contrary or which is inconsistent herewith. 7. A plat, drawing, or diagram reflecting the Access Areas is attached as Exhibit “C” hereto and incorporated herein. The parties agree that this Agreement, with or without attachments, may be recorded with the records of the Clerk of the Superior Court of Chatham County, Georgia, and indexed appropriately so as to give notice of the provisions hereof to assignees, purchasers, or future parties in interest with respect to the Property or adjoining or adjacent property. 8. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns. In the event any provision hereof is held to be invalid and unenforceable, such invalidity and unenforceability shall not affect the validity and enforceability of any other provision hereof. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and no representations, inducements, promises, or other agreements, oral or otherwise, not expressly set forth herein shall be of any force and effect. This Agreement may not be modified except by written modification executed by all parties hereto. This Agreement shall be construed, governed and interpret ed in accordance with the laws of the state of Georgia. If any party undertakes legal action to enforce any right or remedy under this Agreement, the prevailing party shall be entitled to recover reasonable costs and expenses in connection with such legal action including, but not limited to, court costs and attorney’s fees. (REMAINDER OF PAGE LEFT BLANK INTENTIONALLY) - Page 43 -Item #6. 5 IN WITNESS WEHREOF, the parties have hereunto set their hands and seals as of the date and year first above written. ______________________________ _________________________________ Witness MICHAEL LEONARD Sworn to and subscribed before me, this ____ day of _____________, 2021. ________________________________ Notary Public (Corporate Seal) CITY OF TYBEE ISLAND By: ___________________________________ Mayor Attest: ____________________________________ Clerk ____________________________ Witness Sworn to and subscribed before me, Reviewed and Approved as to Form: this ____ day of ____________, 2021. ____________________________ ___________________________ Notary Public Edward M. Hughes, City Attorney - Page 44 -Item #6. 6 EXHIBIT “A” CMP Permit - Page 45 -Item #6. 7 EXHIBIT “B” USACE Permit - Page 46 -Item #6. 8 EXHIBIT “C” Drawing of Access Areas - Page 47 -Item #6. - Page 48 -Item #6. - Page 49 -Item #6. - Page 50 -Item #6. - Page 51 -Item #6. - Page 52 -Item #6. - Page 53 -Item #6. - Page 54 -Item #6. - Page 55 -Item #6. - Page 56 -Item #6. - Page 57 -Item #6. - Page 58 -Item #6. - Page 59 -Item #6. - Page 60 -Item #6. - Page 61 -Item #6. - Page 62 -Item #6. - Page 63 -Item #6. - Page 64 -Item #6. - Page 65 -Item #6. - Page 66 -Item #6. - Page 67 -Item #6. You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) - Page 68 -Item #6. - Page 69 -Item #6. - Page 70 -Item #6. - Page 71 -Item #6. File Attachments for Item: 8. ITB 2021-762: Tybee Promenade Public Restrooms. This project is being funded with Chatham County SPLOST funds - Page 72 -Item #8. C:\Windows\TEMP\Tmp675b.Tmp 1 City of Tybee Island Memorandum To: City of Tybee Island City Council Members From: Pete Gulbronson, City Engineer/Director of Infrastructure Date: October 12, 2021 Re: Award of ITB 2021-762: Tybee Promenade Public Restrooms Background The City of Tybee Island and Chatham County are in a joint venture to construct new bathrooms in the Strand parking lot on the south side. Both the County and City are in need of additional restrooms and this project will accommodate the additional restrooms, showers, and changing areas. The City advertised for bids, held a pre-bid meeting on Wednesday September 15, 2021, and opened the bids on Tuesday October 12, 2021 at 2:00 PM. Overview The City received one (1) bid and the bidder acknowledged the addendum. The single bid was opened and read aloud. The only bid had a base bid of $657,864.00. Two alternate bids were also part of the bid. Alternate1 was for running a new service if the depth of the existing sewer was insufficient. The cost for Alternate 1 was $40,750.00. Alternate 2 was for the installation of a wood and wire sand fence for the cost of $18,018.00. When the alternates are included the total cost of this project is $716,632.00. The only and low bidder is Basin Company. Summary This project is being funded with Chatham County SPLOST funds. Recommended Next Steps: I would recommend the award of this project to Basin Company in the amount of $657,864.00 with the possible cost being $716,632.00 is both Alternates are incorporated into the project. - Page 73 -Item #8. - Page 74 -Item #8. - 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 100 -Item #8. - Page 101 -Item #8. - Page 102 -Item #8. - Page 103 -Item #8. - Page 104 -Item #8. File Attachments for Item: 10. State Fiscal Recovery Fund Terms and Conditions for Public Safety Officials and First Responders Pay Supplement - Page 105 -Item #10. - Page 106 -Item #10. - Page 107 -Item #10. - Page 108 -Item #10. - Page 109 -Item #10. - Page 110 -Item #10. - Page 111 -Item #10. - Page 112 -Item #10. - Page 113 -Item #10. - Page 114 -Item #10. - Page 115 -Item #10. - Page 116 -Item #10. - Page 117 -Item #10. - Page 118 -Item #10. - Page 119 -Item #10. - Page 120 -Item #10. - Page 121 -Item #10. - Page 122 -Item #10. - Page 123 -Item #10. - Page 124 -Item #10. - Page 125 -Item #10. - Page 126 -Item #10. - Page 127 -Item #10. - Page 128 -Item #10. - Page 129 -Item #10. - Page 130 -Item #10. - Page 131 -Item #10. - Page 132 -Item #10. - Page 133 -Item #10. - Page 134 -Item #10. - Page 135 -Item #10. - Page 136 -Item #10. - Page 137 -Item #10. File Attachments for Item: 11. Hist Compliance (Granicus) Agreement - Page 138 -Item #11. 408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Order Form Saint Paul, MN 55102 Prepared for United States Tybee Island, GA Order #: Q-143233 Prepared: 10/07/2021 Page 1 of 7 Granicus Proposal for Tybee Island, GA ORDER DETAILS Prepared By:Tee Rudnitski Phone: Email:tee.rudnitski@granicus.com Order #:Q-143233 Prepared On:10/07/2021 Expires On:09/23/2021 Currency:USD Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Period of Performance: 09/24/2021 - 09/23/2022 ORDER TERMS Current Subscription End Date: Initial Order Term End Date: Current Subscription End Date: 09/23/2021 Initial Order Term End Date: 09/23/2024 - Page 139 -Item #11. Order Form Tybee Island, GA Order #: Q-143233 Prepared: 10/07/2021 Page 2 of 7 PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. Renewing Subscription Fees Solution Billing Frequency Quantity/Unit Annual Fee Address Identification Annual 2259 Rental Listings $54,396.72 24/7 Hotline Annual 1398 Rental Units $13,462.74 Mobile Permitting & Registration Annual 1398 Rental Units $11,966.88 Rental Activity Monitoring Annual 1398 Rental Units $22,437.90 Tax Collection Annual 1398 Rental Units $11,966.88 Compliance Monitoring Annual 1398 Rental Units $16,831.92 SUBTOTAL:$131,063.04 - Page 140 -Item #11. Order Form Tybee Island, GA Order #: Q-143233 Prepared: 10/07/2021 Page 3 of 7 FUTURE YEAR PRICING Period of PerformanceSolution(s)09/24/2022 - 09/23/2023 09/24/2023 - 09/23/2024 Address Identification $58,204.49 $62,278.80 24/7 Hotline $14,405.13 $15,413.49 Mobile Permitting & Registration $12,804.56 $13,700.88 Rental Activity Monitoring $24,008.55 $25,689.15 Tax Collection $12,804.56 $13,700.88 Compliance Monitoring $18,010.15 $19,270.87 SUBTOTAL:$140,237.44 $150,054.07 - Page 141 -Item #11. Order Form Tybee Island, GA Order #: Q-143233 Prepared: 10/07/2021 Page 4 of 7 PRODUCT DESCRIPTIONS Solution Description Address Identification Ongoing monitoring of 60+ Short Term Rental websites including major platforms Airbnb, VRBO, HomeAway, Booking.com, FlipKey, & Expedia. Our machine learning will deduplicate all known Listings into unique Rental Units, where our identification team will provide owner contact information for further enforcement. This product includes:- Ongoing monitoring of all listings in your jurisdiction - Updating listing activity and details every 3-5 days - Screenshot activity of every listing - Deduplication of listings into unique Rental Units - Activity dashboard and map to monitor trends and breakdown of compliance 24/7 Hotline 24/7 web and phone hotline for your community to report short term rental complaints such as parking, trash, noise disturbances, and illegal short term rentals. This product include:- Mobile-enabled online web form for citizens to submit tips or complaints (text, videos, and photos) - 24/7 call center for citizens to contact and report complaints verbally - Recordings for all call center complaints - Email notifications to your team when complaints are logged - Automatic outbound IVR calls and SMS messages to permit emergency contacts notifying them of the complaint - SMS support for emergency contacts to mark a complaint as acknowledged or resolved with the ability to send resolution notes - Hotline Dashboard for tracking complaint volumes, trends, and categories - Ability to upload Notes/Comments to each complaint Mobile Permitting & Registration Mobile-enabled online forms and back-end systems for streamlining the registration/licensing/permitting of individual short-term rental hosts. These registration forms and workflows include:- Parcel Number lookup and validation - E-Signatures - ACH, Debit, and Credit Payments exclusively powered by Stripe.com - Registration Number & Certificate creation - Document Upload - Renewals - Email confirmation - Admin approval & denial Rental Activity Monitoring Ongoing monitoring of Short Term Rental listings for signs of rental activity including historical revenue estimates & occupancy. Coupled with our Tax Collection product, users can also compare historical revenue estimates to actual reported revenue to identify those that may be underreporting and underpaying sales tax (i.e. TOT). - Page 142 -Item #11. Order Form Tybee Island, GA Order #: Q-143233 Prepared: 10/07/2021 Page 5 of 7 Solution Description Tax Collection Tax Collection can be built as a separate mobile-enabled form or coupled with Mobile Permitting & Registration in one single portal allowing your users to:- Report revenue monthly, quarterly, or annually and pay sales tax due (i.e TOT) - Remind users when they are registering for a permit/license to also report any back taxes - Collect ACH, Debit, and Credit Payments exclusively powered by Stripe.com Compliance Monitoring Compliance monitoring provides up-to-date information for each identified Rental Unit and its compliance status. We configure your compliance definition specific to your jurisdiction rules and ordinances in order to provide up-to-date compliance status of each identified Rental Unit. Additionally, this product will:- Allow your team to send letters to non- compliant properties 24/7 - Configure letter templates with your branding and letterhead - Add as many letter sequences as you need for escalation - Monitor properties that become compliant after letter enforcement - Page 143 -Item #11. Order Form Tybee Island, GA Order #: Q-143233 Prepared: 10/07/2021 Page 6 of 7 TERMS & CONDITIONS ·Link to Terms: https://granicus.com/pdfs/Master_Subscription_Agreement.pdf ·This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Tybee Island, GA to provide applicable exemption certificate(s). ·Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any purpose other than the specific purpose of performing the services outlined within this Agreement. ·Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. ·Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which the volume has changed from the prior term without regard to the prior term's per-unit pricing. ·Renewal pricing for Address Identification, Compliance Monitoring, Rental Activity Monitoring, 24/7 Hotline, Tax Collection, and Mobile Permitting & Registration is based on the average volume of rental listings or units for the preceding 10-12 months and is subject to volume-based pricing adjustments as described herein. - Page 144 -Item #11. Order Form Tybee Island, GA Order #: Q-143233 Prepared: 10/07/2021 Page 7 of 7 BILLING INFORMATION Billing Contact:Purchase Order Required? [ ] - No [ ] - Yes Billing Address:PO Number: If PO required Billing Email:Billing Phone: If submitting a Purchase Order, please include the following language: The pricing, terms, and conditions of quote Q-143233 dated 10/07/2021 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. AGREEMENT AND ACCEPTANCE By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Tybee Island, GA Signature: Name: Title: Date: - Page 145 -Item #11. File Attachments for Item: 12. First Reading, 2021-29 Sec 34-261(c)(3) and to add new Sec 34-266, Limit the Number of Permits for the Operation of STVR's  - Page 146 -Item #12. ORDINANCE NO. 2021-_____ AN ORDINANCE TO AMEND THE CODE OF ORDINANCES ARTICLE VIII, SECTION 34, 260, ET SEQ. SO AS TO LIMIT THE NUMBER OF PERMITS FOR THE OPERATION OF SHORT TERM VACATION RENTALS IN RESIDENTIAL ZONES INCLUDING, R1, R2 AND R1B; TO ESTABLISH REQUIREMENTS FOR PUBLIC HEARINGS AND A SUNSET ON THE LIMITATION ON PERMITS IN THE R1, R2 AND R1B DISTRICTS OF JUNE 15, 2022 IF NOT REPLACED BY A DIFFERENT NUMBER OF PERMITS OR OTHER ACTION OF COUNCIL AND TO ESTABLISH OCCUPANCY LIMITS ON EACH STVR AUTHORIZATION, AFTER PUBLIC HEARINGS AND SUITABLE INPUT, AND TO CLARIFY THAT NO TRANSFER OF A PERMIT IS POSSIBLE WITH THE SALE OF A RESIDENCE BUT TO PERMIT NEW OWNERS OF EXISTING STVR'S; 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, a number of issues have arisen regarding the operation and proliferation of short term vacation rentals operated as enterprises in residential districts within the city thus being inconsistent with principl es of establishing neighborhoods with a permanent residential usage of family oriented neighborhoods; and WHEREAS, following the adoption of a moratorium, the conducting of multiple hearings and obtaining public input from various sources the Mayor and Council have found that the operation of numerous short term vacation rental property within the residential zones of the city has resulted in detrimental effects to - Page 147 -Item #12. the residents of the island in a manner that ne cessitates action to be taken that will limit the impact of short term vacation rental operations so that such operations will be less likely to disrupt usual and customary neighborhood life and the culture base thereon; NOW THEREFORE, it is hereby ordained that the code of ordinances will be amended so as to require and provide as follows: SECTION I To amend Section 34-261(c)(3) so as to add thereto: Occupancy of any short term vacation rental property or unit shall be established in connection with the application for every short term vacation rental permit with the occupancy for overnight usage limited to two adults per bedroom identified as existing on the property. Occupancy's beyond the established limits in the permit shall be a violation of the ordinance. SECTION II To add a new Section to be Section 34-266 In order to balance density considerations in R1, R2 and R1B neighborhoods, there shall be no more than 760 permits allowed total within such zones at any time. This limitation on the number of permitted short term vacation rental operations shall be eliminated if not replaced by a different number or other Council action by June 15, 2022 following public hearings with appropriate public input. Notwithstanding any other provision of the Code, the transfer of a property by sale or any conveyance whatsoever shall not result in the transfer of the permit regarding the use of the property for short term vacation rentals however, a buyer or other agent at the transfer of property with an existing permit, must apply within 4 weeks of closing for a new permit on the property and meet the requirements set forth for the application and permit, including parking, safety and other requirements in the application. When the maximum number of permits in R1, R2 and R1B have been met, no further permits shall be authorized nor issued. - Page 148 -Item #12. SECTION III All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION IV It is the intention of the governing body, and it is hereby ordaine d, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION V This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. ______________________________ MAYOR ATTEST: _______________________________ CLERK OF COUNCIL FIRST READING: ________ SECOND READING: ________ ENACTED: ________ - Page 149 -Item #12. File Attachments for Item: 13. Second Reading: 2021-28, Sec 7-060: Removal of Significant Trees - Page 150 -Item #13. ORDINANCE NO. 2021-28 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE ISLAND SO AS TO INCLUDE PROVISIONS REGARDING REMOVAL OF SIGNIFICANT TREES, APPEALS FOR DECISIONS REGARDING REQUESTS FOR TREE REMOVAL PERMITS AND TO REPEAL INCONSISTENT OR CONFLICTING ORDINANCES AND TO ESTABLISH AN EFFECTIVE DATE WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, 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 C ity 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 desirable that requirements be established for tree removal so as to ensure that sufficient trees and vegetation remain on any developed parcel of land and that those individuals performing tree removal do so in a professional and responsible manner and WHEREAS, it has become important to ensure that the permitting proces s and implementation of tree removal permits be strengthened so that violations will be more preventable; and WHEREAS, the governing authority wants to clarify the type of tree that can be considered as a replacement for a significant tree that is removed. NOW THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island duly assembled as follows: SECTION I Existing Tybee Code Sections identified as Article VII of Appendix A -Land Development Code “Tree Removal Regulations” Sec 7-060 and 7-100 are hereby amended as follows: Sec. 7-060. - Removal of significant trees. (A) Significant trees may be removed only under the following situations or conditions: - Page 151 -Item #13. 1. Upon showing by the applicant that removal of a significant tree is necessary to make reasonable beneficial, economic use of the property; such showing must demonstrate that there is no feasible alternative that would preserve the tree, and must be made for each significant tree the applicant proposes to remove; 2. For improvements, expansion and/or new construction of infrastructure services, including water/sewer systems and streets, but only if no alternatives are available; and 3. Prior to the issuance of a permit allowing the removal of a significant tree, the zoning administrator shall confirm in writing that one or more of the situations enumerated herein exists. (B) The tree removal permit allowing the removal of significant trees shall require the landowner/permittee to comply with the requirements set forth in sect ions 7- 070 and 7-080 and the additional following conditions: 1. Each removed significant tree shall be replaced with one or more trees from the significant tree list below having an aggregate DBH at least equal to the DBH of the removed tree, and meeting the requirements of section 7-080; such replacement tree(s) shall be considered to be one tree for the purpose of meeting density requirements established in section 7-050(A); the exception to this provision is a d ead tree, or a diseased tree that is a danger to or obstructs public safety and welfare or that might infect otherwise healthy trees. 2. Significant trees left remaining on the site may be counted as replacement trees according to the mitigation schedule. These trees must be noted on the plat and shall be protected as a tree as defined by section 2-010. Sec. 7-100. Appeals of actions. Appeals of decisions of the city administrator, city marshal, or his designee, pursuant to this article shall be made to the Planning Commission. The Planning Commission shall review the appeal and make a formal recommendation to the mayor and council. The mayor and council will finally decide any such appeal at a city council meeting. Significant Species Common Name and Scientific Name Mitigation Equivalent Per One Inch Live Oak For New Plantings Minimum DBH Required for Remaining Trees Special Note Red cedar Juniperus virginiana 1:1 4″ Live oak Quercus virginiana 1:1 4″ - Page 152 -Item #13. Laurel oak, water oak, etc. Quercus sp. NA 4″ Water oaks left only in naturalized area Magnolia grandiflora 1:1 4″ Sugarberry Celtis laeirgata 1:1 4″ Red bay Persea borbonia 1:1 4″ Sycamore Plantanu occidentalis 1:1 4″ Sweetgum Liquidamber syraciflora NA 4″ Native hollies Ilex sp. 1:1 3″ Native maples Acer sp. 1:1 3″ Toothache tree Xanoxylum clava- hercules 1:2 (1 inch toothache = 2 inch Live Oak) 3″ Eastern redbud Cercis Canadensis 1:1 3″ Devilwood (wild olive) Osmanthus americanus NA 3″ Carolina laurelcherry Prunus caroliniana 2:1 4″ Carolina willow Salix caroliniana 1:1 4″ Tough bumelia (buckthorn) Bumelia tenex 1:2 3″ Sparkleberry Vaccinium arboretum 1:2 3″ Palm numerous scientific names 1:1 3″ (Ord. No. 12-2012, 4-26-2012) SECTION II All ordinance 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 Ordinance, City of Tybee Island, Georgia, and the sections of this o rdinance may be renumbered to accomplish such intention, - Page 153 -Item #13. X:\Clients\000572\000572\000001 - Ordinances\ORDIN 2021\08.16.2021 Tree Redline .docx 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 154 -Item #13.