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Council Meeting

Regular Meeting

Tybee Island, GA · February 27, 2020

AgendaPacketMinutes

Minutes

City Council Minutes, February 27, 2020 Consideration of Items for Consent Agenda 6:30 Mayor Sessions called the Consent Agenda to order at 6:31PM. She announced that city attorney advised council needs to pass an ordinance before council could officially start its meetings at 6:30PM, and would do so tonight. Those present were Jay Burke, Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were Shawn Gillen, City Manager; Bubba Hughes, City Attorney; George Shaw, Director, Community Development; and Michelle Owens, substituting for Jan LeViner, Clerk of Council. Mayor Sessions listed the following items on the consent agenda:  Minutes, City Council Meeting, February 13, 2020 as amended  Minutes, City Council Meeting/Workshop February 19, 2020  Ethics Commission appointments o Ben Goggins (incumbent) o James McNaughton (incumbent)  Out of State Travel, Michelle Owens. Attend National Main Street Conference, May 18 - 20, 2020. Line Item 100-7300-52-3500, $1,600.  Out of State Travel, Jan LeViner, Clerk, attend the IIMC Conference, St. Louis, MO, May 16 - 20, 2020. Line Item 1130-52-3500, approximate cost $1,000.  Budget adjustment to cover shortage in the Animal Control personnel budget.  Statewide Mutual Aid and Assistance Agreement from GEMA  Purchase of New Lifeguard Stands - Authorization to Purchase and Budget Amendment - $132,100.00  Purchase of Clarifier - Budget Amendment - $600,000 from 505-0000-39-1300 to 505- 4310-54-1400  Purchase parts to install into the existing clarifier that is currently non- operational. Budget Adjustment from various accounts to Line Items 505-4310-52-2205 and 505-4310-52-1310  Public Education and Government Channel Upgrade - For Approval - Purchased From 100-1535-52-1300 and 100-1535-53-1600. $25,000Debris removal standby RFP  Budget Adjustment from Beach Re-nourishment line item to cover Contract Labor and Infrastructure Lines for Dune Restoration, $900,000. (Reimbursable Expenses from DCA Grant  Shawn Gillen: Setting Price for Virtual Parking Decal at $300.00 - Action Item Mayor Sessions tabled the following items for a future meeting:  Shawn Gillen: Wellness Program Description  Jan LeViner: Voter Rolls  Secure Records Solutions, LLC: Hard Copy Storage, Thomasville, GA Mayor Sessions called the regular meeting to order at 7PM. All those present for the consent agenda were present. Opening Ceremonies Call to order Pledge of Allegiance Invocation: Michelle Owens, City of Tybee Announcements Tybee Island Maritime Academy (TIMA) approved to add grades 6,7 and 8 Tybee St. Patrick’s Day Parade is March 14 CENSUS 2020 is coming up. Please be counted. Recognitions Recognition of the US Army COE, Savannah River District for work on beach renourishment. Mayor Sessions asked everyone to watch the beach renourishment presentation on the monitors. She then called Spencer Davis to the podium to thank him and present a memory box of Tybee sand to him. Mr. Davis expressed his gratitude working for the last seven years with Tybee Island and the great partnership Tybee Island has with the USCOE. Mayor Sessions recognized former mayor Jason Buelterman for his role in beach renourishment. Mayor Sessions thanked Mackie McIntosh, who was absent. She then called Josh Nickel, to present a memory box of sand as thanks and congratulated him on a promotion that will move him to Atlanta. Mayor Sessions called Burt Moore forward to present a memory box of sand and explained that he has been involved in Tybee’s project for many years, and thanked him for his role. Burt Moore recognized and thanked city staff, as well as a new USACOE employee, Emily Wortman, who was absent. Janice Elliott introduced Robyn Rosner as City of Tybee Employee of the Year for 2019. Ms. Rosner has been with the city for two years and also received the 2019 Employee of the Quarter award. The award is for employees who have made significant contributions to their department or the City of Tybee. Ms. Rosner has made significant contributions as Facilities Coordinator in the Planning and Zoning Department. Mayor Sessions presented Ms. Rosner with a plaque. Disclosures and Recusals Mayor Sessions stated that Council will address disclosures and recusals during discussion agenda. Tybee Island Youth Council Members of the youth council approached Mayor and Council with an update on their activities. Crystal Travaille informed Mayor and Council that the youth were present in chambers talk about their recent trip to Atlanta and a resolution presented to Senator Ben Watson ideas to improve the city dog park and support of a beach smoking ban. Peyton Kinkel updated Council on their visits with legislators Ben Watson and Jesse Petrea in Atlanta and team bonding activities at an escape room. Trey Travaille read the resolution that was presented to Senator Watson urging the Georgia Department of Transportation to complete the widening of US Highway 80/State Road 26 and replacing the Bull River and Lazaretto Creek bridges. LeMaya Simmons reported that youth council members traveled to Atlanta on Jan. 30, 2020 for Savannah-Chatham Day at the state capitol. They posed for photographs with Governor Brian Kemp and took a tour of CNN. She thanked City Clerk Jan LeViner and parent volunteers for making the trip possible. Henry Holton shared the youth council’s ideas for upgrading the city dog park. Their ideas included adding trees, benches, sod and dog obstacles that would be purchased by holding fundraisers. Waylon Pederson shared the youth council’s proposal to ban smoking and vaping on the beach. The ban would be enforced by flying six monitored drones over the beach. Those in violation of the no smoking ordinance would get a warning the first time and a $50 fine the second time. The fine would double for repeat offenders. The youth council voted unanimously at its meeting to support the ban. Monty Parks asked youth council to research a water feature that dogs could splash in and bring their recommendations to Council. Mayor Sessions thanked Jan LeViner who was not present, Haley Hill, YMCA Director and all who help make the Youth Council a success. Citizens to be Heard  Mr. Dana Johnson, 1101 Bay Street, asked city to reconsider its permitting and licensing process for beach equipment rentals. Mr. Johnson said a city ordinance allows incumbents to hold a permit and presents a closed loop that prevents others from an opportunity to bid competitively. He asked if the city would open the process for a competitive RFT or rewrite the ordinance. Mayor Session stated the issue has come up before and was dismissed without action. The code is still in place unless a council members wants to put it on the agenda again. City Attorney Bubba Hughes said the issue was raised twice last year. The last time it came up a motion was passed, with the mayor breaking the tie, to work on an ordinance that would not be in place until 2021. Council will receive a proposal from City Attorney in the spring. Mr. Hughes will send Council the items he has worked on in the past and wait for its direction.  Ms. Karen Kelly, Beachview Inn & Spa, approached Council with other Tybee Island Maritime (TIMA) supporters. She announced that the Girl’s Nite Inn fundraiser raised $6,000 for TIMA and thanked everyone for their support. TIMA principal Peter Ulrich said the funds will go toward a new 3D fabrication lab for the school’s maker space.  Marianne Bramble, 215 Lovell Avenue, expressed concern for how a smoking ban at designated beach areas would be implemented and enforced. She questioned if a designated marshal or police officer would be assigned. Monty Parks stated that he was already planning to address those questions when that item came up on the agenda. Mayor Sessions reiterated that they would address those at the appropriate time in the meeting.  Julie Livingston, 801 First Street, spoke against an increase in the cost of parking passes for non-Tybee residents from $150 to $200 due to the impact it would have on local businesses like her golf cart rental business. She spent $18,000 purchasing passes for the golf carts at her business, which is a significant cost. The cost increase will cost her $6,000. She also stated the “non-resident” label is misleading because she is a resident. She said businesses are purchasing parking passes for employees, so it will effect more than just her business. If the cost for the T stickers increases also, that could make her overall cost increases go up $10,000. She asked Council to take that in to consideration that the costs are significant, there was little advance notice and her budgeting is done for the year.  Ginger Schrader, 14 TS Chu Terrace, spoke about maintenance of non-city streets. She asked the city to help identify solutions for drainage and maintenance issues on private streets, including Silver, Izlar, TS Chu Terrace and 17th Place, which are being used like public roads. She said these roads are considered private drives and many residents don’t want the streets to become public. However, the streets have horrendous drainage and have not been paved since she moved there in 2002. The street flooded in the last two storms. She has asked city council members and staff over the years to help, but was told the homeowners could raise the money to repair the roads. She asks the city to come up with a plan for repairing the streets. Barry Brown stated this issue has come up before and that those streets are considered a prescriptive easement. He asked what it would take for the city to take over the streets. Mr. Hughes stated the roads in question would have to be dedicated and accepted by the city for maintenance, but that’s what it would take. He said the roads are arguably owned by the property owners abutting the road, but it’s not always clear whether it’s public or private. Mayor Sessions requested that the issue be addressed when that item comes up on the agenda. Ms. Schrader said if the city is not willing to help with their roads, they will block them off. Mayor Sessions said she agreed with Ms. Schrader. Reports of Invited Guests Alan Robertson, gave an update on Tybee Islands Coastal Resiliency projects that included adding sand to the shoreline, restoring dunes and vegetating dunes. Future efforts will address flooding on the back river. He said that Tybee has been working on beach protection since 2016, and is the only city in Georgia, and one of the few in the country, with a Sea Level Rise Adaptation Plan. Tybee also has a Master Plan and Carry Capacity Study that addresses the importance of the beach and the dunes. In 2018, the city used its own funds to stabilize dunes on 19th Street dune, an at grade crossover where Tybee experienced flooding. The state awarded Tybee a $5 million dollar grant for beach nourishment. Tybee started renourishment efforts again in Dec. 2019 and ended in February 2020. This included building and vegetating dunes. The City is about 95 percent complete with the grant. He said the beach side of the island has never been in better shape and never been wider. Efforts will now focus on a thorough study of the back river, using a National Fish and Wildlife Grant and money from the Department of Community Affairs (DCA). Tybee is working with the University of Georgia and the Skidaway Oceanographic Institute. Study will cost $300,000 and take about a year. Mr. Robertson said he would be back in a year with an array of options for Council to consider to address flooding on the back river. Tybee has received recognition from a host of agencies around the country and consider a leader for its work implementing its coastal resiliency plans with partners like the USCOE. He asked council to keep the momentum going. Monty Parks inquired about the boundaries of the back river study. Mr. Robertson identified them as Butler, Chatham, extending north, following the creek. Barry Brown asked how it would address owners with a Kings Grant. Mr. Robertson replied it is difficult to establish land grants and would not be an issue. Mayor Sessions thanked Mr. Robertson for all the grants and attention Tybee has received. Alex Muir introduced herself as Advocacy Coordinator for One Hundred Miles, an advocacy group with the mission to protect Georgia’s 100 miles of coast. She asked Council to consider a resolution calling for the State of Georgia to establish a state-sanctioned commission to study coastal flooding risk reduction and to create a mitigation plan. Georgia experienced a $15.3 million loss in property value between 2005 and 2017. She shared that Georgia is the only state along the Atlantic Coast that does not have a commission, and one of 6 states in the nation without a mitigation plan in place to address coastal flooding. She said this causes Georgia to lose out on federal funding. The commissions would be able to advocate for legislation and funding, and ensure progress is made that is helpful to coastal communities. The commissions would develop adaptation plans like the one Tybee Island has in place. The commissions would bring the right partners like the Department of Natural Resources and GDOT (Georgia Department of Transportation) into the planning process. Ms. Muir said that other coastal communities when considering the resolution have asked if Tybee Island has adopted it. Mayor Sessions thanked Alex for the presentation and stated she would be happy to reach out to legislators. Monty Parks made a motion to approve the consent agenda. Barry Brown seconded the motion. The vote to approve was unanimous, 6-0. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License Alcohol and Entertainment License Request: Fresh Catch Tybee dba Pier 16, 1601 Inlet Avenue. Applicant is seeking a license for Liquor/Beer/Wine/Sunday Sales; Entertainment. Mayor Sessions read a letter from Mark and Beth Reed, 1515 Lovell Ave. The letter expressed concern over amplified music, parking and trash close to residential areas. John Branigin said he understood Mr. Reed’s position, but felt the stipulations in the approval were sufficient. Barry Brown asked why the city was allowing outside entertainment when a similar establishment was already causing problems on the north end of the Island. Jay Burke recused himself on the grounds that he would be the alcohol beverage sales representative for the establishment. Barry Brown said he did not have a problem with the alcohol license, only the outdoor entertainment. Monty Parks said one of the conditions council agreed on was that if problems arose with the outdoor entertainment, they could make them stop. Nancy DeVetter said she agreed with Mr. Brown and had no problem with the alcohol license, but was concerned about the outdoor entertainment. Mr. Hughes advised that council could require the license be revoked if the business did not comply with restrictions. Nancy DeVetter asked what the current noise ordinance requires. Dr. Gillen stated the current noise ordinance has no time limit, and only addresses volume. Mr. Hughes further explained it is based on decibel level and zones. He said the public safety committee met today to look at other ways to address noise. Dr. Gillen said the only mention of time in the ordinance is the 10AM Saturday/Sunday rule for power tools. There is a good neighbor rule regarding noise on the city’s website, but it is not enforceable, just a suggestion. Mr. Branigin said the applicant’s business is in a C-1 zone so the restrictions are sufficient. Spec Hosti expressed concern that this business could be denied its license when other businesses like Hucapoos are already have the entertainment license. Mr. Parks stated that it is difficult when C-1 abuts residential property. Mayor Sessions noted that there was already a lot of noise going on in that area due to a number of bars and restaurants. John Branigin made a motion to approve. Monty Parks seconded the motion. Voting to approve were Monty Parks, John Branigin and Spec Hosti. Voting against were Barry Brown and Nancy DeVetter. The motion was approved, 3-2. Jay Burke returned to the meeting. Consideration of Bids, Contracts, Agreements and Expenditures Water/Sewer Budget Adjustment request to Purchase a Street Sweeper - $220,000 from 100-4520-54-2102 to 100-4520-54-2100. City Manager Shawn Gillen informed Council that the line item numbers were transposed and needed to be corrected. The funds are coming from the General Fund and not from the Water/Sewer budget. The funds are being moved within the General Fund from the stormwater line item (100-4520-54-2102) not 2101 as incorrectly stated) to the equipment line item (100-4520-54-2100). City Engineer Pete Gulbronson said the existing street sweeper is over two years old and needs repairs often. The city is reviewing several different models before purchasing one that will better suit Tybee’s needs. John Branigin asked why Council would approve this now if they didn’t know what would be purchased. Mr. Gulbronson said the project would still be put out to bid and brought back to council before purchase. This request is just to transfer the money. Barry Brown asked if the city considered leasing the equipment or subcontracting the job. Dr. Gillen said they could look at those options. Nancy DeVetter asked if street sweeping could be done at night rather than during business hours. Mr. Gulbronson said that would require overtime pay. Dr. Gillen said typically street sweeping starts earlier enough that parked cars are not an issue. Spec Hosti made a motion to approve the transfer of funds. Nancy DeVetter seconded the motion. The vote to approve was unanimous, 6-0. Secure Record Solutions, LLC, Hard Copy Storage, Thomasville, GA: Council tabled discussion of this item to the March 12 City Council meeting. Consideration of Ordinances, Resolutions 2020-02, Sec 34-264 – Short Term Vacation Rentals. Monty Parks stated this ordinance requires vacation rentals to display a sign within 7 days or face a citation and then a violation. This is the first in a series of ordinances. Council will add others, he said. Barry Brown motioned to approve the second reading. John Branigin seconded the motion. The vote to approve was unanimous, 6-0. 2020-03, Civil Penalties. Monty Parks stated this ordinance would allow the city to change certain infractions to administrative infractions that do not require a police offer to handle. These civil penalties will include most of the fines for beach infractions. Unpaid fines would go to a bill collector. Nancy DeVetter asked where the list of fines could be found. The county attorney will bring back a proposed list of fines and an effective date for the ordinance on March 12. Spec Hosti moved to approve the second reading. Monty Parks seconded the motion. The vote to approve unanimous, 6-0. 2020-08, Retirement Plan Ordinance. Dr. Gillen said this ordinance adopts language consistent with what the IRS requires. John Branigin moved to approve second reading. Spec Hosti seconded the motion. The vote to approve was unanimous, 6-0. 2020-12, Article III, Sec 3-170, Home Occupations and Home Business Offices and 2020-13, Sec 2-010, terms and Definitions-Home Occupation. Spec Hosti, Jay Burke and Barry Brown recused themselves on the basis they have home offices. Nancy DeVetter stated the language of the ordinance is confusing and needs to be clarified, especially the definitions of Home Occupations and Home Business Offices. She felt it was not ready for a second reading. Planning and Zoning Manager George Shaw agreed the ordinance was confusing and staff did not know how to enforce it. Monty Parks moved that Nancy DeVetter and Bubba Hughes work together to clarify the meaning of the ordinance and bring it back to the council. Nancy DeVetter seconded the motion. Monty Parks changed the language of his existing motion and moved to dispose of the current proposed ordinance entirely and start over with another proposed ordinance that better clarifies the meaning of the ordinance. John Branigin seconded the motion. The vote to approve was unanimous, 3-0. Spec Hosti, Jay Burke and Barry Brown returned to the meeting. 2020-06, Chapter 70, Article IIIA, Backflow Ordinance/Prevention Program. Bubba Hughes stated the ordinance was requested by the city Water and Sewer Department and provided him materials to create the ordinance for backflow preventers for meters, a needed component for Tybee’s water and sewer system. This will fulfill as state requirement to prevent contamination of the potable water system. John Branigin asked how the evaluation and notification process would work for properties that existed before this process. Pete Gulbronson stated that the city would do inspections and notify properties that are required to upgrade the meter. Spec Hosti moved to approve the first reading. John Branigin seconded the motion. The vote to approve was unanimous, 6-0. 2020-05, Sec 70-76, Use of the Public Sewer. Spec Hosti moved to approve first reading. John Branigin seconded the motion. The vote to approve was unanimous 6-0. 2020-07, Adopt Grease Management Program and the Grease Enforcement Plan. Monty Parks moved to approve first reading. Spec Hosti seconded the motion. Vote to approve was unanimous 6-0. 2020-09, Parking Fines, Sec 66-147(c). Dr. Gillen informed council that as the city has moved up the cost of parking, the fines need to increase too. Bubba Hughes said this is the first of a series of ordinances the city will implement. Currently, people receiving tickets pay less in fines than they would for parking. This ordinance will eliminate that problem. John Branigin moved to approve first reading. Barry Brown seconded the motion. The vote to approved was unanimous, 6-0 2020-10, Regular Meetings. Mayor Sessions said this ordinance will allow the city to begin regular meetings at 6:30PM. Council will have one regular meeting in November, December, January, June and July. Spec Hosti moved to approve first reading. Barry Brown seconded the motion. The vote to approve was unanimous, 6-0. 2020-11 Sec 12-1(a) Restriction on Beach Smoking in Designated Areas. Nancy DeVetter read into the record the Beach Task Force unanimous vote by the Beach Task Force to support a smoke free beach. She then presented letters of support from Tybee Clean Beach volunteers for a smoke free beach since cigarette butts are a large portion of beach litter. Monty Parks stated the ban would cover a limited area of beach from 14th to 16th Street for a one year trial period. Tybee Clean Beach volunteers will monitor the litter and report back to council on the effectiveness of the ban. The ordinance will be subject to the civil penalties approved earlier on the agenda. Spec Hosti state that the ban seemed too restrictive. He favored trying other ideas like adding cigarette butt receptacles. John Branigin supported the restriction because the litter issue needs to be addressed, civil fines will apply and police officers can focus on more serious infractions. Barry Brown is concerned the ban might be discriminatory. Mayor Sessions said people don’t realize that cigarette butts are litter. Marine life is suffering from the cigarette butts. An education blitz is important if the ordinance passes. Monty Parks moved to approve the ordinance. John Branigin seconded the motion. Voting in favor were John Branigin, Jay Burke, Monty Parks and Nancy DeVetter. Voting against were Barry Brown and Spec Hosti. The motion was approved 4-2. Council, Officials and City Attorney Considerations and Comments John Branigan: Maintenance of Non-City Streets. John Branigin said the city needs to take a position on maintenance of private streets are used by the public. Barry Brown didn’t think homeowners would agree to give their private roads to the city. Bubba Hughes informed council that state statute says seven years of use by the public entitles the public to use the road but that does not mean it becomes a city street that the city must maintain. There is also a statute that makes it a criminal offense for a public official to authorize work on private roads. Mr. Hughes said there is no easy solution and it would be very expensive for the city to repair. Barry Brown recommended the residents on impacted private roads sign a petition and bring to council to decide a course. Mayor Sessions asked how to tell private streets from public streets. Shawn Gillen said the city has a better idea which are private and public following Hurricane Matthew, but prior to that, there was a lot of uncertainty. Mr. Hughes said there’s still uncertainty. The city does not have records of express dedications for some streets. If the city has maintained the road in the past, that’s could indicate the road is public. Monty Parks did not want to encumber future city councils with this problem. Dr. Gillen will take the issue to Infrastructure Committee to answer when a street should become public. Dr. Gillen will contact the Schraders and ask them to get a petition signed by people on their street. No action taken. Bubba Hughes: Award protest concerning RFP on By Pass Pumps and status/consideration of grant issues. Bubba Hughes explained that this issue originated with a $585,000 hazard mitigation grant for generators and morphed into an RFP for the purchase and installation of bypass pumps. The city received feedback during the RFP process that it would be better to separate the purchase and installation into two separate RFPs. The project has now doubled in cost and exceeds the budgeted amount. Mr. Hughes recommend council reject all the proposals and start the process over again because the city never heard whether FEMA would allow pumps instead of generators and help with additional costs associated with doing the project. Mr. Hughes recommended reversing an installation contract that had not been put into contract and starting over perhaps with more money from FEMA. Mr. Hughes said the city might need to quickly get bids to rent pumps for the coming hurricane season. That would require the city to pay to place the pumps on hold so that they would be available when needed. John Branigin moved to reject all proposals, reverse the indication of tentative award for the installation and start over with the RFP process. Monty Parks seconded the motion. The vote to approve was unanimous 6-0. Bubba Hughes, City of Tybee Island Water and Sewer Requirements. This issue was placed on the agenda at the request of Mr. Rick Hogan. He previously came to council to request a change in the city’s ordinance that allows the city to start water and sewer billing for when a Certificate of Occupancy (CO) is obtained, whether or not the house is occupied. He would like the policy to be changed so that unoccupied houses do not incur billing. John Branigin and Nancy DeVetter do not support changing the policy, agreeing that it should be considered the cost of doing business for a developer. Nancy DeVetter voted to keep policy as it is. Monty Parks seconded the motion. Voting in favor were Nancy DeVetter, Monty Parks and John Branigin. Voting against were Spec Hosti, Barry Brown, Jay Burke and Shirley Sessions. Motion failed 4-3. Mr. Hughes bring ordinances back to council reflecting the revised policy. Bubba Hughes: Possible Rules of Procedures to include adding Disclosures and Recusals. Mayor Sessions explained that council needs to decide if it wants to handle disclosures and recusals at the start of the meeting like Planning Commission addresses them, or continue to handle them as each agenda item is discussed. Nancy DeVetter favors the way Planning Commission handles them. It is more effective and improves transparency. John Branigin disagreed, saying addressing conflicts of interest as they arise on the agenda is more appropriate. Nancy DeVetter moved to approve a six-month trial of new rules, with the stipulation that the rules be discarded if they prove too cumbersome. Monty Parks seconded. Voting in favor were Monty Parks and Nancy DeVetter. Voting against were Jay Burke, John Branigin, Barry Brown, and Spec Hosti. The motion failed 4-2. Bubba Hughes cautioned council not to assume that if they did not have a recusable interest that they are automatically immune from an ethics complaint. The city has had an ethics complaint once resolved by the recommendation that a simple disclosure of the non-conflicting interest might have avoided the complaint. Mr. Hughes said if there is a perception that a conflict exists, council members should disclose it to be safe. Nancy DeVetter suggested handling disclosures and recusals both at the beginning and as items are addressed on the agenda. Council agreed to hold an ethics review workshop to better understand what constitutes conflicts. Bubba Hughes: Authorization for the Mayor to sign and the Clerk to attest multiple contracts with homeowners for Hazard Mitigation Grant Program for elevation of homes. Monty Parks moved to approve. Barry Brown seconded the motion. The vote to approve was unanimous, 6-0. Shawn Gillen: Parking Fines - Action Item. Dr. Gillen said parking staff came up new fines. With the new increase in parking fees it becomes cheaper to pay a parking fine than pay for parking unless the fines are also increased. Once approved, the city will start enforcing at the new level. Monty Parks moved to approve the new parking fines. Barry Brown seconded the motion. Vote to approve was unanimous, 6-0. Shawn Gillen: Increase Cost of Parking Decal for Non-Tybee Residents to $200.00 - Action Item. Monty Parks questioned why business on Tybee have to pay non-resident prices for parking passes if the vehicles are registered on Tybee Island. Nancy DeVetter suggested businesses get five free passes. Shawn Gillen said that suggestion requires more conversations about impact on revenues. John Branigin said he considers the cost of the parking passes as the cost of doing business. John Branigin moved to approve new fines with an effective date of Jan. 1, 2021. Monty Parks seconded the motion. Voting to approve were John Branigin, Monty Parks, Jay Burke, Nancy DeVetter and Barry Brown. Voting against was Spec Hosti. The motion was approved 5-1. Shawn Gillen: Creation of three part time Code Enforcement Officers in the TIPD for 29 hours per week starting March 23, 2020 (15 weeks), $21,982. Shawn Gillen asked council to consider an altered request based on the new no smoking ban. He would like 3 full time code enforcement officers rather than part time positions. The budget can support the change. In the peak season the officers would focus on beach infractions. In the off season they would focus on general quality of life issues. The city marshal would oversee the new staff along with animal control personnel. The cost increase would equal approximately $46,000 for the remainder of the fiscal year. Once approved Dr. Gillen will work with the city marshal and police chief to develop standard operating procedures. The goal is not to generate revenue but to enforce the rules on the beach. Monty Parks supported the full time positions and stipulated that the code enforcement officers be retained even if the smoking ban is lifted at the end of its trial period. Dr. Gillen estimated the cost for year-round, full-time employees at $100,000 per year including benefits. John Branigin made the motion to approve three full-time, year-round Code Enforcement positions. Monty Parks seconded the motion. Voting to approve were John Branigin, Monty Parks, Jay Burke, Nancy DeVetter and Barry Brown. Voting against was Spec Hosti. The motion was approved 5-1. Todd Smith: City of Tybee website. Todd Smith share that staff put together a tutorial video that shows how to navigate the city website for anyone needing guidance. The 2-minute video will be shared on the city’s website and TV channel. Staff is also working on a website redesign. Shawn Gillen will share the preliminary design with council. Spec Hosti moved to adjourn. John Branigin seconded the motion. The vote was unanimous. Meeting adjourned at 10:58PM

Agenda

MAYOR 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 AMENDED AGENDA REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL February 27, 2020 at 6:30 PM Please silence all cell phones during Council Meetings Consideration of Items for Consent Agenda 6:30PM Opening Ceremonies Call to Order Invocation Pledge of Allegiance Announcements Recognitions and Proclamations 1. Recognition of the US Army COE, Savannah District Spencer Davis Mackie McIntosh Burt Moore Josh Nickel Emily Wortman 2. Janice Elliott, Recognition of Employees and Employee of the Year Disclosures and Recusals Consideration of the approval of the minutes of the meetings of the Tybee island City Council 3. Minutes, City Council Meeting, February 13, 2020 4. Minutes, City Council Meeting/Workshop February 19, 2020 Consideration of Boards, Commissions and Committee Appointments 5. Ethics Commission Ben Goggins (incumbent) James McNaughton (incumbent) Tybee Island Youth Council 6. Tybee Island Youth Council Presentation P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. 7. Dana Johnson, Beach Chair Rentals 8. Gerald Schantz, Benefit for the 200 Club 9. Cathy Liberatori, Beachview Inn & Spa Benefit for the Tybee Island Maritime Academy Reports of Staff, Boards, Standing Committees and/or Invited Guests. Limit reports to 10 minutes. 10. Alan Robertson: Coastal Resilience Update - Dune Restoration and Back River Study 11. Alex Muir, Advocacy Coordinator, One Hundred Miles If there is anyone wishing to speak to anything on the agenda other than the Public Hearings, please approach the podium, giving your name and physical address. Consideration of Approval of Consent Agenda Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License 12. Agenda Request: Alcohol and Entertainment License Request: Fresh Catch Tybee dba Pier 16: Liquor/Beer/Wine/Sunday Sales; Entertainment 1601 Inlet Ave Consideration of Bids, Contracts, Agreements and Expenditures 13. Out of State Travel, Michelle Owens. Attend National Main Street Conference, May 18 - 20, 2020. Line Item 100-7300-52-3500, $1,600. 14. Out of State Travel, Jan LeViner, Clerk, attend the IIMC Conference, St. Louis, MO, May 16 - 20, 2020. Line Item 1130-52-3500, approximate cost $1,000. 15. Budget adjustment to cover shortage in the Animal Control personnel budget. 16. Statewide Mutual Aid and Assistance Agreement from GEMA 17. Water/Sewer Budget Adjustment Request to Purchase a Street Sweeper - $220,000 from 100-4250-54-2102 to 100-4250-54-2100 18. Purchase of New Lifeguard Stands - Authorization to Purchase and Budget Amendment - $132,100.00 19. Purchase of Clarifier - Budget Amendment - $600,000 from 505-0000-39-1300 to 505- 4310-54-1400 20. Purchase parts to install into the existing clarifier that is currently non- operational. Budget Adjustment from various accounts to Line Items 505-4310-52-2205 and 505-4310-52-1310 21. Public Education and Government Channel Upgrade - For Approval - Purchased From 100-1535-52-1300 and 100-1535-53-1600. $25,000 22. Secure Records Solutions, LLC: Hard Copy Storage, Thomasville, GA 23. Debris Removal Standby RFP 24. Budget Adjustment from Beach Re-nourishment line item to cover Contract Labor and Infrastructure Lines for Dune Restoration, $900,000. (Reimbursable Expenses from DCA Grant Consideration of Ordinances, Resolutions 25. Second Reading, 2020-02, Sec 34-264 - Short Term Vacation Rentals P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 26. Second Reading, 2020-03, Civil Penalties 27. Second Reading, 2020-08, Retirement Plan Ordinance 28. Second Reading, 2020-12, Article III, Sec 3-170, Home Occupations and Home Business Offices 29. Second Reading 2020-13, Sec 2-010, Terms and Definitions - Home Occupation 30. First Reading, 2020-06, Chapter 70, Art IIIA, Backflow Ordinance/Prevention Program 31. First Reading, 2020-05, Sec 70-76, Use of the Public Sewer 32. First Reading, 2020-07, Adopt Grease Management Program and the Grease Enforcement Plan 33. First Reading, 2020-09, Parking Fines, Sec 66-147(c) 34. First Reading, 2020-10, Regular Meetings 35. First Reading 2020-11 Sec 12-1(a) Restriction on Beach Smoking in Designated Areas Council, Officials and City Attorney Considerations and Comments 36. John Branigin: Maintenance of Non-City Streets 37. Nancy DeVetter: Beach Task Force motion to ban beach smoking 38. Nancy DeVetter, Beach Task Force Update and Letters of Support (Smoke-Free Beach Ordinance) 39. Bubba Hughes: Award protest concerning RFP on By Pass Pumps and status/consideration of grant issues. 40. Bubba Hughes, City of Tybee Island Water and Sewer Requirements 41. Bubba Hughes: Possible Rules of Procedures to include adding Disclosures and Recusals 42. Bubba Hughes: Authorization for the Mayor to sign and the Clerk to attest multiple contracts with homeowners for Hazard Mitigation Grant Program for elevation of homes. 43. Shawn Gillen: Wellness Program Description 44. Shawn Gillen: Setting Price for Virtual Parking Decal at $300.00 - Action Item 45. Shawn Gillen: Parking Fines - Action Item 46. Shawn Gillen: Increase Cost of Parking Decal for Non-Tybee Residents to $200.00 - Action Item 47. Shawn Gillen: Creation of three part time Code Enforcement Officers in the TIPD for 29 hours per week starting March 23, 2020 (15 weeks), $21,982 48. Todd Smith: City of Tybee website, Transparency and Accessibility 49. Jan LeViner: Voter Rolls 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 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 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.” P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org

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