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Council Meeting

Regular Meeting

Tybee Island, GA · January 28, 2021

AgendaPacketMinutes

Minutes

City Council Synopsis, January 28, 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, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Tracy O’Connell, Assistant City Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. John Branigin was not in attendance per prior notice. Mayor Sessions called the regular meeting to order. All those present for the consent agenda were present. Opening Ceremonies  Call to Order  Invocation: Jan LeViner, Clerk of Council  Pledge of Allegiance Citizens to be Heard.  Shirley Wright: Tybee Voices  Pat Leiby: Proposed Alcohol Restrictions  Gerald Schantz: Proposed Alcohol Restrictions Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes.  Maria Procopio, Marine Science Center Update Spec Hosti made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous to approve, 5-0. Public Hearings  Private Parking Lots: Discussion of commercial and private parking lots. Spec Hosti made a motion to approve. Monty Parks seconded. Voting in favor were Jay Burke, Monty Parks and Spec Hosti. Voting in opposition were Nancy DeVetter and Barry Brown. Motion passed, 3-2. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License  Tybee Sprint Triathlon. Deferred until a later time. Consideration of Bids, Contracts, Agreements and Expenditures  Approval of Non-Profit Organizations o Tybee Island Maritime Academy $20,000 o Tybee Beautification $2,000 to include waivers o Tybee Arts Association $2,000 to include waivers o Yeepies $575 o Tybee MLK $600 Tybee Clean Beach Volunteers $2,000 o American Legion Waived fees for alcohol licenses Garden Club Waive fees for Guard House to conduct meetings o Farmers Market for waiver of fees for business license Discussion: Mr. Hughes stated the nonprofits and groups that seek waivers of fees or similar concessions from the City or that receive funds after making application are supposed to enter contracts with the City that provide for the community benefit thought to be derived from the actions of the nonprofit or group. This is because the City is not authorized to simply make gifts and has to receive benefits in exchange for what the City provides. The issue of whether the City receives adequate value is really up the City and within council’s judgment. Spec Hosti made a motion to approve to include the waiving of all fees to include Building Permit Fees; Liquor License Fees; Business License Fees; Special Event Fees; and Rental of City Facility Fees. Monty Parks seconded. Vote was unanimous to approve, 5-0. Consideration of Ordinances, Resolutions First Reading: 2021-02, Septic to Sewer. Barry Brown made a motion to approve. Monty Parks seconded. Vote was unanimous to approve, 5-0. First Reading, 2021-03, Section 3-190 (H), Water Restriction (Discussion, possible amendment). Withdrawn Second Reading: 2021-01, Article VIII, Short Term Rental Properties. Spec Hosti made a motion to approve with changes as recommended by Mr. Hughes. Monty Parks seconded. Discussion: Mr. Hughes stated there is a correction to the proposed ordinance in Sec 34-262, Regulatory Fees, the words “register or registration” appear in sub-sections c, d, and e, and needs to change to “apply and/or identity” to be in-line with the language in the ordinance that refers to the identification of the unit. One other comment in the first section would be in reference to Bed & Breakfast (B&B). The language concerns him as the STVR operationally includes B&B’s as they collect and pay taxes just as the STVR’s. He has language to change which would alleviate the concerns and states it excludes B&B’s accommodations as they are currently defined by the City of Tybee Island’s LDC however B&B’s are required to have Occupational Licenses and pay applicable taxes and fees as required by law or ordinance. He asked that Mayor and Council include those changes. Spec Hosti accepted Mr. Hughes recommendations and included in his motion. Monty Parks seconded with the restrictions. Vote was unanimous to approve, 5-0. Council, Officials and City Attorney Considerations and Comments Shawn Gillen: Tybee Island Alcohol Ordinance Workgroup Final Recommendations. Workshop to be held. Shawn Gillen: Action Item List Monty Parks made a motion to adjourn to Executive Session to discussion Litigation and Real Estate. Barry Brown seconded. Vote was unanimous to approve, 5-0. Monty Parks made a motion to adjourn to Regular Session. Spec Hosti seconded. Vote was unanimous to approve, 5-0. Monty Parks made a motion to adjourn. Barry Brown seconded. Vote was unanimous to approve, 5-0. Meeting adjourned at 9:35PM. ______________________________ Janet R. LeViner, MMC Clerk

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 January 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. Planning Commission: Charles "Bud" Matlock Alan Robertson 2. Ethics Commission: Frances Kaye Strickland Consideration of the approval of the minutes of the meetings of the Tybee island City Council 3. Minutes, City Council Meeting, January 14, 2021 Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. 4. Maria Procopio, Marine Science Center Update Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. 5. Shirley Wright: Tybee Voices 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 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Public Hearings 6. Private Parking Lots Approval of Special Events 7. Tybee Sprint Triathlon Consideration of Bids, Contracts, Agreements and Expenditures 8. Approval of Non-Profit Organizations Tybee Island Maritime Academy $20,000 Tybee Beautification $2,000 to include waivers Tybee Arts Association $2,000 to include waivers Yeepies $575 Tybee MLK $600 Tybee Clean Beach Volunteers $2,000 American Legion Waived fees for alcohol licenses Garden Club Waive fees for Guard House to conduct meetings Farmers Market for waiver of fees for business license Consideration of Ordinances, Resolutions 9. First Reading: 2021-02, Septic to Sewer 10. First Reading, 2021-03, Section 3-190 (H), Water Restriction (Discussion, possible amendment) 11. Second Reading: 2021-01, Article VIII, Short Term Rental Properties Council, Officials and City Attorney Considerations and Comments 12. Shawn Gillen: Tybee Island Alcohol Ordinance Workgroup Final Recommendations 13. Shawn Gillen: Action Item List 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 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org “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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