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Council Meeting

Regular Meeting

Tybee Island, GA · September 22, 2022

AgendaPacketMinutes

Minutes

City Council Synopsis, September 22, 2022 Mayor Sessions called the meeting to order at 6:30PM, September 22, 2022. Those in attendance were Brian West, Monty Parks, Nancy DeVetter, Barry Brown, Jay Burke and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Tracy O’Connell, City Attorney; Jake Saas, Ellis Painter; George Shaw, Director, Community Development; and Jan LeViner, Clerk of Council. Opening Ceremonies Call to Order Pledge of Allegiance Invocation: Jan LeViner, Clerk Mayor Sessions added the following to the Consent Agenda:  Minutes, September 8, 2022  Tybee Post Theater - One Day Special Event: Alcohol License Liquor, Beer and Wine  The Grandview-Hotel Tybee 1401 Strand Ave  Agenda Request: Alcohol License- Special Event: Beer and Wine Only-Tybee Festival Association/Tybee Pirate Fest  Resolution 2022-07, Ameris Bank. Basic housekeeping switching our credit card carrier from SunTrust to Ameris. Ameris holds our checking and investment accounts  Public Service Commission Loaner Vehicle  Info Hut - Extend Agreement through Pirates Fest Recognitions and Proclamations  Turtle Friendly Restaurant Recognition of Pier 16 and The Deck. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes.  Britt Bacon, Tybee Arts Association  Cassidi Kendrick - Main Street Program Update/ Holiday Events If there is anyone wishing to speak to anything on the agenda other than the Public Hearings, please come forward. Please limit comments to no more than 5 minutes.  Roger Huff: Ordinance 2022-10  Matt Campbell: Against STR ordinance  Mark Conway: Economic impact on the Island, STR’s  Brook Mackey: Concerns with changes, STR’s  Keith Gay: Permitted STR’s  Tony Lescak: STR compromise  Jean Bowen: Financial impact of STR’s  Corey Jones: Find a balance, STR’s  Marsha Marks: Parking, STR’s  Russell Gross: Favor of STR ordinance  John Mauro: Financial impact, STR’s  George Calvert: Common interest in the community, STR’s  Bill Anderson: Against STR ordinance  Brian Shields: Against potential STR ordinance  Laurie Gulbronson: STR ordinance will not benefit residents  Shirley Wright: In support of STR ordinance  Julia Pearce: STR’s should not be in residential neighborhoods  Patrick Connell: STR ordinance unconstitutional  Joshua Morris: STR ordinance  Larry Phillips: STR ordinance  Cody Jones: Need economic study of STR’s  Lisa Dean: Lift Moratorium and deny ordinance  Jenny Rutherford: Concerns with registration of STR’s Monty Parks made a motion to approve the consent agenda. Brian West seconded. Vote was unanimous to approve, 6-0. Public Hearings Text Amendment: Land Development Code Sec 4-050(A) R-1, Section 1; Section II, Sec 4-050(B) R-1-B; Section III: Selection 5-020(A); Section IV, 5-040(B); and Section V (Z-1). Withdrawn. No Action Taken. Text Amendment: Land Development: Article 4, Section I, 4-050(A)(B) and (C); Section II, Definitions; Sec III, Notice of and Abandonment of Nonconforming Use; Section IV, Allowances; Section V, Caps in Certain Zoning Districts; and Section VI, New Permits Prohibited Exception for Owner Occupied Locations (Z-2). Monty Parks made a motion to approve with the following changes: (1) consistent definition of a Short Term Rental (STR); (2) addressing multi-units on a parcel; and (3) long-term lease language would not trigger abandonment Nancy DeVetter seconded. Voting in favor were Monty Parks, Nancy DeVetter, and Barry Brown. Voting against were Spec Hosti and Brian West. Motion to approve with changes, 3-2. Jay Burke recused. Spec Hosti made a motion for Mr. Hughes to craft language to protect individuals who had building permits prior to the moratorium and wanted to apply for STR licenses. Monty Parks seconded. Vote was unanimous to approve, 5-0. Text Amendment, Land Development Code, Parking in Short Term Rental locations (Z-3). Brian West made a motion to remove the language “the lawns or” and ”there shall be one parking place for each identified bedroom on the application or other submittal to the City for the Short-Term Rental operation plus one additional parking place”. Spec Hosti seconded. Voting in favor were Spec Hosti, Brian West and Monty Parks. Those voting against were Nancy DeVetter and Barry Brown. Motion to approve with the changes 3-2. Jay Burke recused. Consideration of Ordinances, Resolutions First Reading, 2022-10, STR Ordinance, to amend Sec 34-260, 34-261, 34-262, and 34-265. To add Sec 34-267, 34-268 and 34-270. Monty Parks made a motion to include the following exceptions: (1) to address a grammatical error and add language from the moratorium regarding transferability in Sec 34-267; (2) everything related to disorderly house ordinance is deleted and only STR’s, specific, such as non-payment of taxes, etc. as stated in Sec 34-268; (3) change the “refusal to participate” to a verification process in Sec 34-268(c); and (4) 34-270, to limit to the permit application package and refer to as verifying submitted documents. To add Sec 34-271, to add language from the moratorium for re-permitting of existing STR’s. Nancy DeVetter seconded. Voting in favor were Monty Parks, Nancy DeVetter, and Barry Brown. Voting against were Spec Hosti and Brian West. Motion to approve 3-2. Jay Burke recused. Second Reading, 2022-09, Regulation of Motorized Carts within the City of Tybee Island. Sec 66-8. Tabled. Brian West made a motion to adjourn. Monty Parks seconded. Vote was unanimous to approve, 6-0. Meeting adjourned at 12:45AM _________________________ Janet LeViner, MMC Clerk of Council 4857-1242-4242.1

Agenda

MAYOR CITY MANAGER Shirley Sessions Dr. Shawn Gillen CITY COUNCIL CLERK OF COUNCIL Barry Brown, Mayor Pro Tem Jan LeViner Brian West Jay Burke CITY ATTORNEY Nancy DeVetter Edward M. Hughes Spec Hosti Monty Parks CITY OF TYBEE ISLAND AGENDA REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL September 22, 2022 at 6:30 PM Please silence all cell phones during Council Meetings Opening Ceremonies Call to Order Posting of the Colors and Pledge of Allegiance, American Legion Post 154 Invocation: Jan LeViner Consideration of Items for Consent Agenda Announcements Recognitions and Proclamations 1. Turtle Friendly Restaurant Recognition of Pier 16 and The Deck. Consideration of the approval of the minutes of the meetings of the Tybee island City Council 2. Minutes, September 8, 2022 Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. 3. Britt Bacon, Tybee Arts Association 4. Cassidi Kendrick - Main Street Program Update/ Holiday Events Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. 5. Gerald Schantz If there is anyone wishing to speak to anything on the agenda other than the Public Hearings, please come forward. Please limit comments to no more than 5 minutes. 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. Text Amendment: Land Development Code Sec 4-050(A) R-1, Section 1; Section II, Sec 4-050(B) R-1-B; Section III: Selection 5-020(A); Section IV, 5-040(B); and Section V (Z-1) 7. Text Amendment: Land Development: Article 4, Section I, 4-050(A)(B) and (C); Section II, Definitions; Sec III, Notice of and Abandonment of Nonconforming Use; Section IV, Allowances; Section V, Caps in Certain Zoning Districts; and Section VI, New Permits Prohibited Exception for Owner Occupied Locations (Z-2) 8. Text Amendment, Land Development Code, Parking in Short Term Rental locations (Z-3) 9. Planning Commission Recommendations Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License 10. Tybee Post Theater - One Day Special Event: Alcohol License Liquor, Beer and Wine The Grandview-Hotel Tybee 1401 Strand Ave 11. Agenda Request: Alcohol License- Special Event: Beer and Wine Only-Tybee Festival Association/Tybee Pirate Fest Consideration of Ordinances, Resolutions 12. Resolution 2022-07, Ameris Bank. Basic housekeeping switching our credit card carrier from SunTrust to Ameris. Ameris holds our checking and investment accounts. 13. First Reading, 2022-10, STR Ordinance, to amend Sec 34-260, 34-261, 34-262, and 34- 265. To add Sec 34-267, 34-268 and 34-270 14. Second Reading, 2022-09, Regulation of Motorized Carts within the City of Tybee Island. Sec 66-8 Council, Officials and City Attorney Considerations and Comments 15. Bubba Hughes: Public Service Commission Loaner Vehicle 16. Bubba Hughes: Info Hut - Extend Agreement through Pirates Fest 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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