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Council Meeting

Regular Meeting

Tybee Island, GA · April 13, 2023

AgendaPacketMinutes

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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