Council Meeting
Regular MeetingTybee Island, GA · April 13, 2023
Minutes
City Council Synopsis, April 13, 2023
Mayor Sessions called the meeting to order at 6:30PM, April 13, 2023. Those in
attendance were Brian West, Monty Parks, Barry Brown, Jay Burke and Spec Hosti. Also
attending were Dr. Shawn Gillen, City Manager; Michelle Owens, Assistant City Manager;
Bubba Hughes, City Attorney; Tracy O’Connell, City Attorney, George Shaw, Planning and
Zoning and Jan LeViner, Clerk of Council. Nancy DeVetter was excused.
Opening Ceremonies
Call to Order
Posting of Colors and Pledge of Allegiance, American Legion Post 154
Invocation: Jan LeViner, Clerk
Mayor Sessions added the following to the Consent Agenda:
Minutes, March 23, 2023
Agenda Request: Elisurf's Coffee & Bagel Bar dba The Surfing Goat: Add liquor by the
drink to existing alcohol license: Beer/Wine/Sunday Sales License 15B Tybrisa St
Visit Tybee Info Hut Agreement
Approve contract proposal for Audit Services. Management recommends Clifton Larson
Allen LLP to perform FY23 Audit of City Financial Statements
Sgt Sims, out of state travel to complete his Drug Recognition Expert certification. He
will need to travel to Jacksonville, FL on April 10 and return on April 16. Hotels expenses
for travel are covered for this trip through the certification program. Sgt. Sims will need
to travel in his TIPD patrol car requiring gas and per diem for meals. He was originally
scheduled to attend this class in November 2023, but a spot opened this month.
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable
times of 5 minutes. Pat Leiby and Julia Pearce, Tybee MLK's Pilgrimage to Ghana
connecting the Door of No Return to Tybee's Lazaretto
Spec Hosti made a motion to approve the consent agenda. Brian West seconded.
Vote was unanimous to approve, 5-0.
Public Hearings
Special Review, Sec 3-100, Beach, dune or vegetation disturbance/crossover
maintenance and construction. Jason Bell petitioner. Applicant is requesting
special review of proposed retaining wall at landward toe of dune. Monty Parks
made a motion to approve. Barry Brown seconded. Vote was 5-0 to approve.
Applicant requests permission to have a second temporary dwelling on the
property until home is elevated. Applicant is part of 2nd batch of the HMGP
grant. Brian West made a motion to allow for 30 months beginning on the day of her
choice. Spec Hosti seconded. Voting in favor were Brian West and Spec Hosti. Those
voting against were Monty Parks, Barry Brown, and Jay Burke. Motion failed 2-3. Barry
Brown made a motion to table until the City received more information as to the future
of the Grant. Monty Parks seconded. Voting in favor were Monty Parks, Barry Brown
and Jay Burke. Voting against were Spec Hosti and Brian West. Motion approved, 3-2.
First Reading, 2023-05, Sec 5-050 (C): Expanded Notification to Owners or
Occupants. Monty Parks made a motion to approve. Spec Hosti seconded. Vote
was unanimous to approve, 5-0.
First Reading 2023-06: Sec 5-050, Single Family to Multifamily Rezoning.
Monty Parks made a motion to approve. Spec Hosti seconded. Vote was unanimous
to approve, 5-0.
First Reading 2023-07: Sec 5-060 Appeal of Zoning Decision. Brian West
made a motion to approve. Monty Parks seconded. Vote was unanimous to approve,
5-0.
First Reading 2023-08 Sec 5-060 Required Number of Public Hearings. Monty
Parks made a motion to approve. Spec Hosti seconded. Vote was unanimous to
approve, 5-0.
First Reading 2023-09 Sec 3-090 To allow an Elevator to Encroach into the Side
or Rear Setback. Spec Hosti made a motion to table and come back with further
information and clarification. Monty Parks seconded. Vote was unanimous to approve,
5-0.
First Reading 2023-10 Sec 2-010 Change of Setback Definition to Allow for
Elevators. Brian West made a motion to approve. Monty Parks seconded. Vote was
unanimous to approve, 5-0.
First Reading 2023-11 Sec 3-TBD, to Restrict STR Permits in the R-1, R-1B and
R2. Revised to 2023-11. Jay Burke recused. Monty Parks made a motion to
approve. Barry Brown seconded. Voting against were Brian West and Spec Hosti.
Shirley Sessions voted in the affirmative. Vote was 3-2 to approve.
First Reading 2023-12 Sec 3-TBD To allow for an Exception to the STR
Abandonment Clause in Cases of Certain Calamities. Monty Parks made a motion
to approve. Spec Hosti seconded. Vote was unanimous to approve, 4-0.
Appendices - Staff Reports and Planning Commission votes for Public Hearings.
Not action needed or taken.
Jay Burke returned
Consideration of Ordinances and Resolutions
Second Reading, 2023-20, Sec 46-34, Discrimination and Harassment
Prevention. Monty Parks made a motion to approve. Brian West seconded. Vote
was unanimous to approve, 5-0.
Monty Parks made a motion to adjourn to executive session to discuss litigation, and
real estate. Brian West seconded. Vote was unanimous to approve, 5-0.
Monty Parks made a motion to return to regular session. Spec Hosti seconded. Vote
was unanimous to approve, 5-0.
Spec Hosti made a motion to adjourn. Monty Parks seconded. Vote was unanimous
to approve, 5-0.
Meeting adjourned at 9:05PM
_________________________
Janet LeViner, MMC
Clerk of Council
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
AMENDED AGENDA
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
April 13, 2023 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, Clerk
Announcements
Consideration of Items for Consent Agenda Consideration of the approval of the minutes of the
meetings of the Tybee island City Council
1. Minutes, March 23, 2023
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5
minutes.
2. Pat Leiby and Julia Pearce, Tybee MLK's Pilgrimage to Ghana connecting the Door of No
Return to Tybee's Lazaretto
If there is anyone wishing to speak to anything on the agenda other than the Public Hearings,
please come forward. Please limit your comments to 3-5 minutes.
Consideration of Approval of Consent Agenda
Public Hearings
3. Special Review, Sec 3-100, Beach, dune or vegetation disturbance/crossover
maintenance and construction. Jason Bell petitioner. Applicant is requesting special
review of proposed retaining wall at landward toe of dune
4. Applicant requests permission to have a second temporary dwelling on the
property until home is elevated. Applicant is part of 2nd batch of the HMGP grant.
5. First Reading, 2023-05, Sec 5-050 (C): Expanded Notification to Owners or Occupants
6. First Reading 2023-06: Sec 5-050, Single Family to Multifamily Rezoning
7. First Reading 2023-07: Sec 5-060 Appeal of Zoning Decision
8. First Reading 2023-08 Sec 5-060 Required Number of Public Hearings
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
9. First Reading 2023-09 Sec 3-090 To allow an Elevator to Encroach into the Side or Rear
Setback
10. First Reading 2023-10 Sec 2-010 Change of Setback Definition to Allow for Elevators
11. First Reading 2023-11 Sec 3-TBD, to Restrict STR Permits in the R-1, R-1B and
R2. Revised to 2023-11
12. First Reading 2023-12 Sec 3-TBD To allow for an Exception to the STR Abandonment
Clause in Cases of Certain Calamities
13. Appendices - Staff Reports and Planning Commission votes for Public Hearings
Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
14. Agenda Request: Elisurf's Coffee & Bagel Bar dba The Surfing Goat: Add liquor by the
drink to existing alcohol license: Beer/Wine/Sunday Sales License 15B Tybrisa St
Consideration of Bids, Contracts, Agreements and Expenditures
15. Visit Tybee Info Hut Agreement
16. Approve contract proposal for Audit Services. Management recommends Clifton Larson
Allen LLP to perform FY23 Audit of City Financial Statements
17. Sgt Sims, out of state travel to complete his Drug Recognition Expert certification. He
will need to travel to Jacksonville, Fl on April 10 and return on April 16. Hotels expenses
for travel are covered for this trip through the certification program. Sgt. Sims will need
to travel in his TIPD patrol car requiring gas and per diem for meals. He was originally
scheduled to attend this class in November 2023, but a spot opened this month.
Consideration of Ordinances, Resolutions
18. Second Reading: 2023-20, Sec 46-34, Discrimination and Harassment Prevention
Council, Officials and City Attorney Considerations and Comments
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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