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HomeMy Public PortalAbout20150312CityCouncilPacket Table of Contents 000_000_20150312Agenda 1 050_010_20150226 Minutes 3 090_010_Agenda Request-Bubba Gumbo's-Alcohol & Entertainment 11 120_010_SR 607 Miller Ave_updated 16 120_011_NOD 607 Miller Ave_Completed 18 12 0_012_M i l l e r60 7_M a p 19 120_013_Untitled_20150209_123328_001_Page_1 20 120_014_1230_014_Untitled_20150209_123328_001_Page_2 21 120_020_20150217_PC_MIN UTES 22 PLANNING COMMISSION CITY MANAGER 22 Demery Bishop Diane Schleicher 22 Julie Livingston Ecological Planning Group 22 130_010_11-2015 Sec 2-36 compensation REDLINE 03.02.15 EMH 25 130_011_11-2015 Sec 2-36 compensation 03.02.15 EMH 26 130_020_06-A-2015 Secs 66-183 &66-8(7) decals, fees, motorized carts 02.16.15 - EMH 28 130_030_08-2015 Sec 66-10 vehicular traffic on Jones Ave 03.04.15 EMH 31 140_010_Burke Day 33 140_012_Marlowe 35 140_020_Anti Litem 37 20150312CityCouncilPacket Page 1 of 39 3/6/2015/jr1 AGENDA REGULAR MEETING OF THE TYBEE ISLAND CITY COUNCIL MARCH 12, 2015 7:00pm Please silence all cell phones during Council Meetings I. Consideration of Items for Consent Agenda 6:30PM II. Executive Session III. Opening Ceremonies Call to Order Posting of the Colors Pledge of Allegiance Invocation IV. Recognitions and Proclamations V. Consideration of the approval of the minutes of the regular meetings of the Tybee Island City Council 1 City Council Minutes, February 26, 2015 VI. Consideration of Boards, Commissions and Committee Appointments VII. Reports of Staff, Boards, Standing Committees and/or Invited Guest Limit reports to 10 minutes. VIII. *Citizens to Be Heard: Please limit comments to 3 minutes. Maximum Allowable time is 5 minutes. IX. Consideration Local Requests &Applications-Funding, Special Events, Alcohol License 1 Alcohol and Entertainment License Request: Beer and Wine/Sunday Sales — Entertainment. Bubba Gumbo's Food and Beer and Wine Service, 4 Old Highway 80, Old Tybee Road X. Consideration of Bids, Contracts, Agreements and Expenditures XI. Consideration of Approval of Consent Agenda XII. Public Hearings 1 Variance — 607 Miller Avenue, Consideration of lot width frontage, Osal J. Evens, Zone R-2, PIN: 4-0005-14-012A 2 Planning Commission Minutes 20150312CityCouncilPacket Page 2 of 39 3/6/2015/jr1 XIII. Consideration of Ordinances, Resolutions 1 First Reading, 11-2015, Sec 2-36, Compensation of mayor and councilmembers 2 Second Reading, 6A-2015, Sec 66-183, Decals for Motorized Carts 3 Second Reading, 08-2015, Sec 66-10, Traffic on Jones Avenue XIV. Council, Officials and City Attorney Considerations & Comments 1 Jason Buelterman a) Honoring Burke Day — Police Station b) Contract with Howard Marlowe c) Orange Crush Clean-up 1. Ensure sufficient number of DPW staff and equipment is on call to clean up the beach on April 18 2 Bubba Hughes a) Ante Litem — D'Andre Martin 3 Barry Brown a) Ocean Rescue for Code Enforcement - Litter XV. City Managers Report XVI. Minutes of Boards and Committees XVII. Executive Session 1 Discuss litigation, personnel, and real estate acquisition XVIII. Possible vote on litigation, personnel and real estate acquisition discussed in executive session. XIX. Adjournment *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 Clerk of Council's office by Wednesday at noon,eight days prior to the scheduled meeting. Agenda request forms are available outside of the Clerk's office at City Hall and at www.cityoftybee.org. ai 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." 20150312CityCouncilPacket Page 3 of 39 3/6/2015/jrl City Council Minutes 20150226 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on August 14, 2014. Those present were Monty Parks, Rob Callahan, Wanda Doyle, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; and Janet LeViner, Clerk of Council. Paul Wolff was excused as he was speaking at a conference. Mayor Buelterman listed the following items on the consent agenda: • City Council Minutes, February 12, 2015 • Beach Task Force — Re-appointments a) Cathy Lewis b) Amy Lanier c) Harvey Ferrelle d) Joe Richardson e) Frank Wooldridge f) Kate Burns g) Patti Smith • Alcohol License Request — Special Event — Beer, Wine, Liquor, Friends of Tybee Theater, Tybee Wine Festival, April 25, 2015 • Alcohol License Request: Liquor/Beer/Wine — Friends of Tybee Theater. Tybee Wine Festival Event to be held at the Tybee Wedding Chapel, 1114 First Street, April 25, 2015 • Feature Film — Untitled D/E Project: April 27 — May 6, 2015: various locations, primarily downtown and beach area near 16th Street Crossover. Grandpa Projections. Discussion: Beth Nelson, Location Manager approached mayor and council to answer questions. She explained the event and stated that if the businesses on Tybrisa are affected during the shoot, they will be compensated. • Tybee Rainbow Fest Parade, May 2, 2015: 3:00PM, 4th Street — Butler — Tybrisa — Strand; Radius Media Group. Discussion: Ms. Schleicher explained that since this is a non-city sponsored parade the organizer made the request for TIFD to provide equipment to participate in the event. • FareWhale Festival: March 21, 2015: 10:00AM — 4:00PM; Walter Parker Pier and Pavilion/beach area: NOAA Gray's Reef National Marine Sanctuary • Raise the Annual Fire Protection Subscription in Unincorporated Tybee Island from $101.50 to $102.30 year to reflect the .8% CPI-U index per Code Section 26-41(a) • Proposed Garbage and Recycling Rate Increase Based on the CPI — U of .8%. Discussion: There was a discussion regarding level of service and contract renewal. • MOU for Internship — Martha Wietrzkowski and Denis Lehman — University of Applied Sciences — Ravensburg — Weingarten — Students will experience their internship in the Fire Department in the area of emergency services including fire, rescue and 20150312CityCouncilPacket Page 4 of 39 3/6/2015/jr1 emergency management for the City of Tybee Island from October 19, 2015 to January 18, 2016. • Proposed Water and Sewer Rate Increase Based on the CPI — U of .8% • Proposals for Jones Avenue Repaving — Opening of proposals is scheduled for February 20, 2015. Budget Line Item: (2003 SPLOST — Street Repaving — Jones Avenue) — 321-4210-54-1401. Discussion: Mayor pro tern Doyle stated that the Public Safety Committee voted unanimously to confirm the lowest bidder that will do the paving and three crosswalks. The crosswalks were identified as 4th, 8th and 15th Streets. Mayor Buelterman expressed his concerns with adding lights to the crosswalks. Ms. Schleicher stated that the stop signs are traffic calming so therefore lights are not needed. Mayor Buelterman recommended that Ms. Schleicher look into lights for the crosswalks even though the City will have to pay for them. • Proposals for Janitorial Services for TIPD and Courtroom/Council Chambers — Recommendation from staff is to award a contract to J&J Coastal Enterprise the second lowest cost proposal for $23,600/year. Account Number: 100-3210-52-2130 (Police Department — Custodial Services). Discussion: Ms. Schleicher stated that she and Mr. Hughes will write a contract with Associated Maintenance (lowest bidder) to include performance criteria. She will then negotiate and if they are not willing to negotiate performance criteria, the City will proceed to the second lowest bidder. Mr. Hughes confirmed and stated that it was the recommendation of staff to award the contract to the next lowest bidder, J&J Coastal Enterprise. But the low bidder has to have the opportunity to contract, so the award should be subject to arriving at a contract and if not, then to the next lowest bidder, J&J Coastal Enterprise. • Budget Amendment, Transfer $26,500 from contingency to cover the final AT&T billing. • Budget Amendment, Chatham County has agreed to cover the cost of the North Beach Restrooms. Therefore we will move $52,000 of the funds previously allocated for that project to contingency and $5,000 to the police building project. • Budget Amendment, DPW, Budget adjustment needs to replace funds previously transferred out for median planting • Budget Amendment, Parking, Transfer funds to cover cost of new parking meters • 2015 Coca-Cola Public Space Bin Grant Application Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Posting of the Colors • Pledge of Allegiance • Invocation: Jan LeViner 20150312CityCouncilPacket Page 5 of 39 3/6/2015/jrl Recognitions and Proclamations Mayor Buelterman asked John Wylly, Freda Rutherford, Cecil DeLorme and Bill Sprague to come forward for recognition as they are retiring from the Beach Task Force. Mayor Buelterman thanked each of them for their service and presented them with a Certificate of Appreciation. Chair Harvey Ferrelle approached mayor and council to also thank them as well as mayor and council for all their assistance and support in the recent beach re- nourishment. Mr. Sprague was unable to attend. Christy Hester, J&J Coastal Enterprise, approached mayor and council to introduce herself. There were no questions or discussions as other bidders for the janitorial services for TIPD were not present. Keith Gay, approached mayor and council to ask for consideration for reduced parking decals for military families living on Tybee Island whose spouse has been transferred overseas. These military families have their taxes and cars registered to their home communities so therefore they are not eligible for complimentary parking decals. Mr. Gay would ask mayor and council, when there are military families who choose to live on Tybee who rent, be given a parking pass at no cost to them as it is with residents. Mr. Callahan stated that he has some complimentary decals and would be happy to offer them to the military families. Mr. Gay thanked Mr. Callahan. Mayor Buelterman thanked Mr. Gay and stated that mayor and council would look into this matter. Consideration of Bids, Contracts, Agreements and Expenditures Proposals for a Low Profile above Ground Motor Truck Scale for the DPW Transfer Station to facility a user fee for businesses and residents disposing of garbage and yard waste. Opening for proposals is scheduled for February 24, 2015. Budget Line Item: 100-4520-54-2112 (Machinery & Equipment). Mr. Brown stated that there is some confusion regarding yard waste. Mayor Buelterman responded that it is his understanding that currently residents pay WastePro to pick-up side yard pick-up of trash. There are residents that are not aware of the service and those that do not want to wait for their scheduled pick-up. Staff is encouraging residents to have WastePro pick it up rather than taking to DPW to dispose of. This is in essence a double charge. Ms. Schleicher stated there are landscape contractors that are allowed to dump their dry trash at DPW as previously approved by mayor and council. Mayor Buelterman asked Ms. Schleicher what is the annual cost to the taxpayer for the tipping fees for taking yard trash to DPW. Ms. Schleicher responded it was reaching $200,000 a year which does not include trash from the beach sweeps. Mayor pro tern Doyle stated that the residents are fortunate to have the transfer station on the Island as in other communities she has previously lived in, this was not the case. There were fees associated with using the transfer station. She believes this change would be fair and equitable to all. Mr. Brown stated his concerns with large items not being picked up in a timely manner which causes unsightliness. Ms. Schleicher stated that when this occurs the residents need to call WastePro for a special pick-up. She described the payment methods as 20150312CityCouncilPacket Page 6 of 39 3/6/2015/jrl the credit/debit card would not be swiped until the customer is outbound. Mr. Brown confirmed it would be credit/debit card only. Mr. Parks and Mr. Garbett both stated that they are in favor of the scale. Wanda Doyle made a motion to approve. Bill Garbett seconded. Discussion: Mayor Buelterman asked if there will be delays in picking up any oversized items on the side of the streets. Ms. Schleicher stated that the City Marshal will contact WastePro if there are any instances. Mr. Brown asked Ms. Schleicher if the beach trash that is being dumped would be weighed. Ms. Schleicher stated that it is a very good suggestion. Voting in favor were Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Motion carried, 4-1. Parking Committee's Recommendation from the February 10, 2015 meeting regarding Annual Parking Decal Fees. Mr. Garbett stated that the Parking Committee recommended increasing the rate of parking decals from $150 to $175 per year with no senior discount. The Committee also recommended reducing the cost of parking decals for golf carts to $100 per year with proof that they qualify for a complimentary decal, i.e., taxes paid to the City of Tybee Island. He explained that there were approximately 1600 decals sold in 2014 with revenue of approximately $24,000. The Committee feels the rate should continue to increase gradually and this is a fair and reasonable solution. Mayor Buelterman recommended that the fee should increase by .8% as does other services. Mr. Garbett responded that non-residents are getting a steep discount at $150 per decal and possibly an analysis should be done to put a value on the decal. Mr. Parks recommended this be moved to the budget cycle for further discussion. Mayor Buelterman confirmed. Mr. Garbett stated that he is willing to discuss during the budget cycle. Mr. Brown expressed his concerns with the cost of golf cart decals. No action taken. Barry Brown made a motion to approve the consent agenda. Wanda Doyle seconded. Vote was unanimous, 5-0. Consideration of Ordinances, Resolutions First Reading, 6-A-2015, Sec 66-183, Decals for Motorized Carts. Mr. Hughes stated that this is a proposed ordinance to adjust the charge for golf cart decals based on having a vehicle demonstrating the payment of the ad valorem tax and proof of residency. He explained the fee is not set in the ordinance and is to be determined by mayor and council and maintained by the Clerk of Council. Mr. Garbett stated that he would recommend the fee be discussed during the budget cycle. Wanda Doyle made a motion to approve. Rob Callahan seconded. Vote was unanimous, 5-0. First Reading, 08-2015, Sec 66-10, Vehicular Traffic on Jones Avenue. Mr. Hughes stated that the proposed ordinance was requested by the City Manager to restrict vehicles with more than two axles from using Jones Avenue. This is a follow-up to the paving issues and damage to Jones Avenue from the weight of the vehicles. Mr. Brown confirmed and stated the vehicles will still be allowed to cross Jones for deliveries. Mayor Buelterman expressed his 20150312CityCouncilPacket Page 7 of 39 3/6/2015/jrl concerns regarding signage and how to notify drivers of the restriction. Mr. Brown explained that the road bed on Jones Avenue will not be rebuilt just repaved. Mayor Buelterman recommended a decision be held off as the ordinance is written, delivery trucks are not allowed to cross Jones Avenue at any point. Monty Parks made a motion to approve on first reading subject to negotiation and changes as it goes forward. Bill Garbett seconded. Those voting in favor were Monty Parks, Rob Callahan, Barry Brown and Bill Garbett. Voting against was Wanda Doyle. Motion carried 4-1. Ms. Schleicher asked mayor and council to send their recommended language for the proposed ordinance, 08-2015, so it can be included in second reading. She clarified that the fees collected from the parking decals are used to off-set the cost of beach trash, street trash, etc. Council, Officials and City Attorney Considerations and Comments Mayor Buelterman discussed the upcoming city council workshop agendas for March 19 and April 16. He recommended the agenda for March 19th include: (1) hotel/motel tax and penalties; (2) future of the Planning and Zoning Department; and (3) driveways. April 16th will include a discussion regarding recommendations from the Beach Task Force and Beach Management Plan, "The Way Forward". Mayor pro tem Doyle discussed Increasing Compensation for Elected Officials. Mayor pro Doyle outlined the compensation mayor and council receive in regards to the amount of hours spent on agendas, reviewing packets, liaison's to committees, response to emails, and other committee meetings. She researched compensation for other municipalities and population is not a factor. Mayor pro tern Doyle stated that she serves the City as a public servant and loves the City. Also there has not been an increase in mayor and council's salary since approximately 1998. Wanda Doyle made a motion to increase the mayor's salary by $200.00 per month and council's salary by $200.00 per month. Monty Parks seconded. Discussion: Mayor pro tern Doyle stated that this increase would not take effect until January 2016. Mr. Parks thanked Mayor pro tern Doyle for bringing this to a vote. Mayor Buelterman also thanked Mayor pro tern Doyle. Mr. Hughes explained Sec 2-36 would have to be amended and an advertisement be posted in the legal organ. There would also be further discussion and another vote. Vote was unanimous, 5-0. Mayor pro tern Doyle approached mayor and council regarding Alternatives to Ordinance Banning Plastic Bags. She would recommend a more aggressive enforcement of the litter ordinance which was passed several years ago. Mayor pro tern Doyle stated that there would be a patrol that would walk the beach as well as the parking lots. She also feels that education is a major factor with the "life of a plastic bag". This could be done with containers specifically for plastic bags which could be strategically place on the Island. Mayor pro tem Doyle explained that the majority of business owners on the Island have the plastic bag issue under control as they offer paper or reusable bags to their customers. She stated that her goal is to 20150312CityCouncilPacket Page 8 of 39 3/6/2015/jrl ask mayor and council for permission to work with city staff for a recommendation or plan to include cost and bring back to a future meeting as there are a great number of options. Local businesses would like choices. Mr. Garbett stated that in his opinion, plastic bags need to be ban from the Island as they are detrimental to the environment. Mayor and council confirmed for her to work with staff. Mayor pro tem Doyle asked Ms. Schleicher for an Update on Salt Meadows. Ms. Schleicher stated that DNR accepted the most recent delineation from the City's consultant which resulted in a new survey. Mayor pro tem Doyle asked if the new survey has been forwarded to the DNR. Ms. Schleicher stated that in her correspondence it did not detail the status of the survey. Mayor pro tem Doyle stated that she would like to see this completed in 2015. Mayor pro tern Doyle asked for an update with the Class and Comp Plan. Ms. Schleicher stated that an RPF is due in March for a consultant to complete the Class and Comp Plan. Job descriptions are being reviewed in-house and will be ready for the upcoming budget cycle if needed. Barry Brown would like to discuss Golf Cart Decal Fees as he would like to set a fee. Barry Brown made a motion to reduce the parking decal for motorized carts from $150.00 to $25.00. Rob Callahan seconded. Discussion: Mayor pro tern Doyle recommended the cost be amended to $50.00. Barry Brown amended his motion to reduce the parking decal for motorized carts from $150.00 to $50.00. Rob Callahan accepted the amended motion. Discussion: Mr. Parks confirmed that the golf carts would be using the same full spaces as vehicles. Ms. Schleicher stated that there are a number of small spaces dedicated to golf carts. Mr. Callahan stated that there are 143 Tybee Island registered golf carts which will result in $14,300 lost revenue. Voting in favor were Monty Parks, Rob Callahan, Wanda Doyle and Barry Brown. Bill Garbett voting against. Motion carried 4-1. Barry Brown stated that Ocean Rescue for Code Enforcement was discussed at great length at the Public Safety Committee meeting. Ms. Schleicher explained that this would be a Litter Enforcement Squad and not post certified officers. They would wear tee shirts with language regarding litter enforcement and not include reference to the TIPD. Mayor pro tern Doyle asked Ms. Schleicher to bring recommendations to the next Public Safety Committee meeting for discussion. Rob Callahan reported to mayor and council his findings from other beach communities regarding Ban Smoking on the Beach (No Butts on the Beach). Mr. Callahan gave examples of several cities: Wightsville Beach, NC and their result is a reduction in litter; Rehoboth Beach, DE with a significant reduction in litter; Sea Side Heights, NJ reporting a major reduction in litter; and New York City, again a 2/3 reduction in litter. His goal is to reduce litter. His discussed the advantages and disadvantages of banning smoking on the beach to 20150312CityCouncilPacket Page 9 of 39 3/6/2015/jrl include pollution and reduction of injury. Mr. Callahan suggested a possible designated smoking areas such as at the end of crossovers. Mayor pro tern Doyle asked Mr. Callahan if the communities he researched were like Tybee Island, a public beach. She feels that if the litter ordinance is enforced it will help with the cigarette butts but she is against the ban on smoking as it would be an enforcement nightmare. Mr. Brown agreed and explained that he would like to give Chief Bryson an opportunity to have stronger enforcement of the litter ordinance. He explained his concerns with tourism. Mr. Garbett stated that the ban would make Tybee Island at better place to visit. Mayor Buelterman expressed his distaste for the cigarette butts on the beach. Mayor Buelterman agreed with Mr. Brown for enforcement of the litter ordinance and if that does not work then move forward with a possible ban. Rob Callahan made a motion to have the city attorney write an ordinance to ban smoking on the beach. Bill Garbett seconded. Those voting in favor were Monty Parks, Rob Callahan and Bill Garbett. Those voting against were Wanda Doyle and Barry Brown. Motion carried 3-2. Richards Scholar Program — Maggie Midkiff. Monty Parks made a motion to approve. Wanda Doyle seconded. Vote was unanimous, 5-0. Ms. Schleicher gave an Update on Building Inspections. She explained that an RFP was done and two proposals were received which were very high. Ms. Schleicher is looking for direction from mayor and council as to whether staff should reissue the RFP or approach Chatham County to modify the existing contract. Mr. Brown stated that he would recommend she negotiate with Chatham County as they will be cost effective. A discussion was held regarding the days the inspector would be available for Tybee as well as the level of service that is required. Mayor pro tem Doyle expressed her concerns with the rest of the Planning and Zoning Department. Her recommendation would be that the duties of the office should be with a subcontractor. She feels that with a subcontractor there would be a fresh vision reviewing ordinances and issues on the Island. Mayor pro tem Doyle would like further discussion on the future of the Planning and Zoning Department to make it as successful as it can be. Ms. Schleicher responded that the reason Ecological Planning Group is successful is they bring experience and fresh eyes. Mr. Parks agreed with Mayor pro tern Doyle and would recommend outsourcing the duties of the Planning and Zoning Department. If after a year it is not feasible, begin contract negotiations with the County. Mr. Parks again recommended that Ms. Schleicher reissue the RFP for services. Mr. Garbett stated that it is his recommendation that Ms. Schleicher meet with the County and renegotiate the contract as it is a secure source. He confirmed that the future of the Planning and Zoning Office will be on the next city council workshop on March 19, 2015. Mayor Buelterman confirmed. Mayor Buelterman asked mayor and council for their recommendations on the proposed Planning Commission Request Form. Mr. Hughes responded that the issue is communication in his opinion, between what the Planning Commission wants to do and what mayor and council want them to do and then communicating when they are taking on a Land Development issue or other issues such as the Master Plan. He further explained that where 20150312CityCouncilPacket Page 10 of 39 3/6/2015/jrl the breakdown occurs is when mayor and council first know about the issue and that is when the agenda is published or through the media. Mayor Buelterman recommended that staff forward new items to mayor and council in advance as this would solve the communication issue. The next issue is that there are some that feel they should not do anything without a directive and the Code specifies is that the Commissioners can as long as it pertains to the LDC or Master Plan. Mr. Hughes confirmed. Mayor pro tern Doyle stated that the issue is at hand due to the Commissioners having a municipal code on their agenda. Her objection is that it was not discussed with the City Manager or staff. Mayor Buelterman asked Mr. Hughes if the ordinance in question, Short Term Rentals, interact with the LDC. Mr. Hughes responded no, not as written as it was written as a separate stand-alone ordinance. Mayor Buelterman stated that he has concerns with our volunteers on the Planning Commission that they will feel they need to get approval from mayor and council to proceed when they are in fact empowered to review. Mayor pro tern Doyle explained that protocol with mayor and council is a council person bring their ideas to a meeting, explain and a vote taken regarding moving forward with that idea. Mayor Buelterman recommended that the Planning Commission agenda be forwarded to mayor and council at the time of posting so they are aware of upcoming issues. A discussion ensued regarding the proposed form showing action items from both Planning Commission and mayor and council. Mr. Parks commended the Commissioners for their hard work and dedication. He then expressed his concerns with the proposed form as it is yet another form. Ms. Schleicher then explained the history of the original form for action items. Mr. Hughes stated that mayor and council also need to complete the form when requesting the Planning Commission review an LDC ordinance or Master Plan. Mr. Garbett stated that it is not his desire to tie the hands of the Commissioners with Code. Mr. Parks agreed. Ms. Schleicher asked for clarification as staff has concerns with the Code and would like to have the ability to send to the Commission for their recommendations. Mayor Buelterman stated that the form will be given to the Planning Commission, completed by Planning Commission and staff, sent to mayor and council so they are aware of upcoming discussion items. Mayor and council confirmed. Mayor and council will also use the form and complete with staff whenever council is requesting that Planning Commission review something relative to the LDC or Master Plan. Monty Parks made a motion to adjourn to Executive Session to discuss personnel. Rob Callahan seconded. Vote was unanimous, 5-0. Monty Parks made a motion to return to regular session. Bill Garbett seconded. Vote was unanimous, 5-0. Rob Callahan made a motion to adjourn. Barry Brown seconded. Vote was unanimous, 5- 0. Meeting adjourned at 11:00PM 20150312CityCouncilPacket Page 11 of 39 3/6/2015/jrl MAYOR fit,6 114 CITY MANAGER Jason Buelterman s: Diane Schleicher 4 CITY COUNCIL CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Janet LeViner Bill Garbett 1 Paul Wolff CITY ATTORNEY Rob Callahan •o Edward M.Hughes Monty Parks ;" Barry Brown CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00P111 on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: March 12, 2015 Item: Alcohol and Entertainment License Request: Beer and Wine/Sunday Sales -Entertainment Explanation: _Bubba Gumbo's -Food and Beer and Wine Service 4 Old Hi hwa 80 Old T bee Road Budget Line Item Number(if applicable): Paper Work: X Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to i1eviner(cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Sharon S. Shaver Phone/Email:472-5072 / sshaver @cityoftybee.org Comments: Date given to Clerk of Council February 26, 2015 .0. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 (866)786-4573—FAX(866)786-5832 www.cityoftybee.org 20150312CityCouncilPacket Page 12 of 39 3/6/2015/j11 01 )1/4. a(0 et a7 iDry siWyDee use nsi4c r • * Date eQ,,5--/5 Mew `` CITY OF TYBEE ISLAND Renewal 1 i S 11�,ii BUSINESS LICENSE APPLICATION I Libense# 1 Business Name P046 - 6 al/AO 1 Location a f a1/G l cLa,,L e e-e- R.e: I Mailing Address c /'.J 5 57/ . j4- . •�,v 6n 3/ 6- y I. Phone 91.2 — b-,:q 49 Email 7$4 Z�.�, / 04c % Ce Federal ID# OrSSN* /Sales Tax ID; 'f "3 3s- NAICS Code j Business Type(ccc/«?one): Sole Proprietor Partnership Corporation E} Non-Profit Other: Names and Home Addresses of Owners Partners or Corporate Officers - Names Home Address C State Zi■ Tltte 4-116 )0004, /5 &796-6 / dill-/6s' 3 19IZ5 A. A , ' I .�ESIMII _ i ' Arafd, /7-1"6- . ' . _ 4 Ali/ f Describe the business you would like to license: Has this business or anyone connected wtlh this business been cited or cha ed with any violation of Georgia Law,Federal Law,Local Ordinance,or any Rule or Regulation of the State Revenue Commissioner or any Rule or Regulation of the City or County within the past 12 months?(afrewee) YES or NO(If YES,include details) 1()D Any business that requires state licensing must present state license when applying. It is the applicant's responsibility to ensure zoning conformance. If there is a question as to whether the location is zoned correctly please contact the City Marshal at 912-472-5098 or the Zoning Department at 912-472-5033. A schedule of regulatory fees is attached. Application for alcohol license requires a different form and city council approval. Application for live or recorded entertainment requires a separate form,annual review and city council approval. Are you transporting your customers/clients as part of your business?(Land or Water) NO Any business that transports clients/customers must provide a proof of insurance,i,e,declaration page showing expiration date of policy. Applicant Signature Date Printed Name CI- c ti 1/1 c I I I WIE Received by ere i1 A ___ . Date 20 S.-16 ROUTING APPROVAL BY DATE FEES City Manager 1 Administrator REQUIRED 1000 Occupational Tax 125.00 Zoning Approval REQUIRED3 CAR,A4A-______ 2-I i ( t 9999 Administration Fee 10.00 Insurance Policy Required for I YES or NO $100.Transportation Fee i 20150312CityCouncilPacket Page 13 of 39 3/6/2015/jrl CITY OF YBEE ISLAND "" T ALCOHOL LICENSE APPLICATION Application is hereby made for a license to do business within the City of Tybee Island as a dealer in alcoholic "° beverages as indicated below: LICENSE CLASSIFICATION FEE CHECK Notice: The applicant Retail Beerne-Package Sales Only,Consumption on Premises Prohibited $ 350 for a license shall be a Retail Beer/Wine-Sale by Drink for Consumption on Premises Only 575 �f eita e of the United Retail Liquor-Sale by Package Only,Consumption on Premises Prohibited 850 States s, a residers of Chatham County, and Retail liquor-Sale by prink for Consumption on Premises Only 1,250 owner of the business Retail Liquor-Sale by Package&Drink both in One Building under One Ownership 2,000 or if a corporation, Sunday Sales-Sale by Drink for Consumption on Premises Only 150 partnership or other Sunday Sales-Package Sales Only 50 legal entity is the Wholesale Beer _ 765_ owner, a substantial Wholesale Liquor 1,500 and major stockholder Wholesale Wine 150 or the applicant may be Distiller,Brewer,or Manufacturer of Alcoholic Beverages 300 the manager of the Special Event-Public or Private Property-Beer,Wine(no current license)per event 50 business charged with Special Event-Public or Private Property-Beer,Wine(no current license)3 days 100 the regular operation of Special Event-Public or Private Property-Beer,Wine(holding current license)per event 10 , said business on the Special Event-Business Property-Beer,Wine,Liquor(no current license)per event 50 premises for which the Special Event-Business Property-Beer,Wine,Liquor(no current license)3 days 100 license is issued. Special Event-Business Property-Beer,Wine,Liquor(holding current license)per event 10 Business Name ,4,J iil. o 44a 5 t /� q-/5r 7 .L�r' per, Location y-- Pe,-,b iT�L 4 ;IJ b' L,1! — di 4, 1 [J Mailing Address Phone I Email Names and Home Addresses of Owners,Partners or Corporate Officers with Ten Percent(10%)Interest in Business Names(attach additional pages if necessary) Date of Birth 1 Home Addresses City,State,Zip Social Security# AP-I//'T/ 5 1111 45 5-f L// --- 9/ e--/A/ 7- 1 : r 1,9/A-76-7416-S ,r /+C/ ,4-',..z-: . . If special event,date(s)of event Name of event: / Is business incorporated? ✓ State of Incorporation 64 Date Incorporated r� 3 Address `/ / 7 7 5/ •Silt/Phone M 4 Names of landlord of the business location �..t>��.t(- „,,,q,.4..) � � ” �� � � ,277 What other business is conducted at this location? 79442-7.1)113-/ j -/17 / 9I<,i";.7 Has application been made for required State and Federal Licenses? AV Has applicant,any person connected with,or any person having an interest in this business: o ever been convicted of any violation of law other than for a traffic violation? 4v-,e) o ever served time in prison or other correctional institution? /o[;? o ever had an alcohol beverage license suspended or revoked at any time in any location? /UV (if answer is yes,give details) If this application is for RENEWAL of an existing license,enter License Number of existing license If business is an eating establishment,are SUNDAY sales of alcoholic beverages contemplated? If yes,submit additional affidavit, ALL OF THE FOREGOING INFORMATION IS HEREBY GIVEN AND ALL OF THE FOREGOING STATEMENTS ARE HEREBY MADE ON OATH WILLFULLY, KNOWINGLY,AND ABSOLUTELY,AND THE SAME I5 AND ARE HEREBY SW ORN TO ME TO BE TRUE UNDER PENALTY OF LAW. Applicant Signature .{ 'i: Date 1 /3o/ Approval Signature Date ' ,,i�,� i city Manager Sword to and subscribed be, e -this '-' — day of ^Al , l'\ Zoning , Police . City Council Notary Public _I 20150312CityCouncilPacket Page 14 of 39 3/6/2015/jr1 CITY OF TYBEE ISLAND Fee $50 ENTERTAINMENT LICENSE APPLICATION A late penalty of 1098 she be assessed for a „h cc*- Chapter 34,Article 17f. Entertainment Licenses renewal payment made alk.r March 31. Business Name l /9 &a ./9 Business Location 4. ©W) ckt) Da rytteig Mailing Address a 4/6-- 67- r„AftizzA Business Phon ,A `”- Other Ph f /-6-0)27 Email Pr5+1,9iriel-M1-164404 WZIt f Federal ID# State Sales Tax ID# } fie/c- I NAICS Code Business Type(circle one): Sole Proprietor Partnership Corporation Non-Profit Other: Names and home addresses of Owners,Partners or Corporate Officers Name Home Address City,State,Zip yTitle 41 Tl-/i/ , 3a,Wi &ic •0Z6 5 7 --74-0-20v4-fire 6 /2/115',-=/aid/ 411-31-7719Y-i--17 44/■"1 -: The nature of any and all commercial activities conducted at the location: Proposed hours of operation: e20/ /2/4/Z734/4111/206- l Describe any efforts to mitigate iiml�cts on neighbors or occupants of nearby properties:Syr Contact information for the designated manager or contact person available twenty-four hours a day for any operational issues. The license holder must notify the City of Tybee Island immediately of any change to this designated contact information. Na Physical Address r one Has this business or anyone connected with this business been cited or charged with any violation of Georgia Law,Federal Law,Local Ordinance,or any Rule or Regulation of the State Revenue Commissioner or any Rule or Regulation of the City or County within the past 12 months?(dale one) YES or NO (If YES,list details below) Applicant Signature p � - Date / Printed Name �� ■ 1 � `� f ; riv 4 . .... Date iR— J�( Received by s 1.. A ROUTE APPROVE or DENY SIGNATURE DATE RECOMMENDED RESTRICTIONS/CONDITIONS City Manager Planning&Zoning Mgr. Police Chief Fire Chief Mayor/City Council Date of consideration: Approved with restrictions or conditions: Reason for denial: Date mailed to applicant: 403 Butler Avenue, P.O. Box 2749,Tybee Island, Georgia 31328-2749 (912) 786-4573 FAX(912) 786-5832 www.cityoftvbee.org 20150312CityCouncilPacket Page 15 of 39 3/6/2015/jrl The CONSENT FORM is required for ALL alcohol license applications. CONSENT FORM I HEREBY AUTHORIZE THE TYBEE ISLAND POLICE DEPARTMENT TO REQUEST ANY CRIMINAL BACKGROUND HISTORY RECORD INFORMATION PERTAINING TO ME WHICH MAY BE IN THE FILES OF ANY STATE OR LOCAL CRIMINAL JUSTICE AGENCY. BE IT FURTHER UNDERSTOOD THAT THE PURPOSE OF OBTAINING THIS INFORMATION IS TO SATISFY THE REQUIREMENTS SET FORTH BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE"ISLAND,REGARDING AN ALCOHOL BEVERAGE LICENSE APPLICATION. /-99-77 ,19 S — /. (9, / DATE(7f BIRTH E FULL NAME(PRINT) ADDRFcS SOCIAL SECURITY NUMBER :7. 1L1,449A)J4/1 c 3/ 05 .ice''O 4!S CM',STATE,ZIP SIGNATURE I DATE The ACKNOWLEDGEMENT is required for all LIQUOR BY THE DRINK alcohol license applications. ACKNOWLEDGEMENT I declare knowledge and understanding of Municipal Code Section 58-80: There is levied an excise tax on the sale of distilled spirits by the drink in the amount of three percent of the charge to the public for the beverage. SIGNATURE DATE The AFFIDAVIT is required if SUNDAY SALES of alcohol for consumption on premises are contemplated. Food and beverage sales records prepared by a CPA are required to be furnished to the City upon request. STATE OF GEORGIA COUNTY OF CHATHAM CITY OF TYKE ISLAND AFFIDAVIT I, j 4 ; C. [s i rI , do hereby make this affidavit to be part of my application for an alcohol beverage license in the City of Tybee Island to sell distilled spirits, malt beverages and/or wine for the consumption on the premises in my eating establishment on Sunday. Said establishment is located at beF :LS CC C; Tybee Island, Georgia. I am the,f /9Af / ,r of the establishment known as x !1/ �t,�r7r3• s A I hereby further state that at least fifty percent (50%) of the total annual gross food and beverage sales are derived from the sale of prepared meals or food. s war Aik IGNATURE DATE Approved Denied ief of Police Date c -©r• : H 111 Fue 201 5031- + -t C Page 16 of 39 3/6/2015/id . lir' tt It STAFF REPORT PLANNING COMMISSION MEETING: February 17, 2015 ,>. CITY COUNCIL MEETING: March 12, 2015 LOCATION: 607 Miller Avenue PIN: 4-0005-14-012A&4-0005 -14-003 APPLICANT: Osal J. Evans OWNER: Osal and Margaret Evans EXISTING USE: Front lot is SFR&Rear lot is vacant PROPOSED USE: Access to rear lot ZONING: R-2 USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER MAP: Inland Cottage Neighborhood APPLICATION: Zoning Variance (5-090) from Section 3-090 (Schedule of Development Regulations). PROPOSAL: The applicant is requesting a variance in lot width to provide a means of access to a land locked parcel. ANALYSIS: 1. The applicant owns two contiguous parcels on Miller Avenue. The property located at 607 Miller Avenue (lot 156) is developed with a single family residence. The other property located behind 607 Miller Avenue, lot 175, is undeveloped. There is currently no access to lot 175. The City owns an unopened Right-of-Way to the west of this property, which is predominately wetland. The applicant is proposing to recombine a portion of lot 156 with lot 175 to provide a 15 foot access to the property. This split / recombination of lots would reduce the frontage of lot 156 to 50 feet and provide a 15 foot access to lot 175. The general character of the surrounding area is residential. The dimensions of the developed lot along Miller Ave are approximately 65-feet by 110-feet. The square footage is 7,150. The dimensions of the undeveloped lot in the rear are 60-feet by 110-feet (6,600 SqFt). The minimum lot size in the R-2 district is 4,500 square feet for single-family and 6,750 square feet for two-family. The"hardship"definition of Section 5-090(A)reads: (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including a substandard lot of record that existed prior to March 24, 1971 (See Section 3-040); irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, or considerations related to the environment, or to safety, or to historical significance, that is peculiar to the particular property; and; (2) Because of such physical circumstances or conditions or considerations--, the property cannot be developed in strict conformity with the provisions of this Land Development Code, without undue hardship to the property. The Comprehensive Plan describes the Inland Cottage Neighborhood as follows: This character area describes the traditional neighborhood along the west side of Butler, which contains narrow, tree-lined streets laid out in a grid pattern. The area is varied in land use as it contains permanent residential properties, multi family homes, rental properties, parks, low- 20150312CityCouncilPacket Page 17 of 39 3/6/2015/jrl impact commercial establishments, and public buildings. Residential development within this area contains both traditional and historic cottage homes, large new residential houses and multi family units. This area provides for alternative transportation routes by providing an alternative automotive travel route to Butler Avenue, a bike path, and stop signs to slow the movement of vehicular traffic creating a more pedestrian friendly environment. The proposed variance will not negatively impact the surrounding character of the neighborhood. The recommended development strategies for the Inland Cottage Neighborhood are listed below and in nearly all cases are not applicable to this particular request. Comprehensive Plan—Community Character Area Inland Cottage Neighborhood—Section 1.2.6 Meets Recommended Development Strategies Strategy Y/Nor N/A 1 New development, redevelopment, and restoration should be consistent with the I, existing character of the area in terms of mass, scale, use and density. 2 Permit only compatible uses including low density residential,public/institutional, N/A and low impact commercial. 3. Develop and implement design and architectural standards. N/A 4 Implement streetscape improvement to improve the pedestrian/bicycle environment N/A and encourage safety and mobility. 5. Historic structures in this area should be restored and/or preserved whenever possible. N/A 6. The City should provide appropriate incentives for historic restoration projects. N/A STAFF FINDING Staff recognizes that the proposed variance is the only means to gain access to this particular lot. The proposed variance from the required 60 foot lot width to a 50 foot width is not considered detrimental to the character of the surrounding neighborhood. Furthermore, this variance request meets the definition of hardship in that there is a unique physical circumstance (no access due to Tybee's unopened Right of Way,) and because of this circumstance the property cannot be developed in strict conformity with the provisions of the Land Development Code This Staff Report was prepared by Ed DiTommaso. ATTACHMENTS A. Variance application received 2/2/15 B. Property Record Card C. GIS Site Map D. Property Survey/Lot Recombination 20150312CityCouncilPacket Page 18 of 39 3/6/2015/jrl - pkh A •4 ,,..) PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: February 17, 2015 Petitioner: Osal J. Evan Project Name/Description: 607 Miller Avenue/Variance Action Requested: Consideration of lot width frontage Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Variance X Preliminary Plan Approval Map Amendment Final Plat Approval Text Amendment Minor Subdivision_ Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: COMMISSIONER FOR AGAINST COMMENTS Bishop X Bossick X Bramble X Seconded Livingston X Major X Marion Chair McNaughton X Motion to Approve The Planning Commission recommends: ® Approval ❑ Denial n Continued CONDITIONAL TO FIRE DEPT. 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N [1 lam - arms OIIid: 0 eouelsTO 6uTJeag asJno0 02 I 08 Ot 0 Ot i 20150312CityCouncilPacket Page 22 of 39 3/6/2015/jrl PLANNING COMMISSION CITY MANAGER Demery Bishop Diane Schleicher Ronald Bossick , Marianne Bramble PLANNING&ZONING MANAGER Julie Livingston Ecological Planning Group John Major Tyler Marion CITY ATTORNEY David McNaughton `, . \.# Edward M.Hughes MINUTES Planning Commission Meeting February 17, 2015 Mayor Jason Buelterman called the February 17, 2015 Tybee Island Planning Commission meeting to order. Commissioners present were Tyler Marion, Demery Bishop, Ron Bossick, Julie Livingston, Marianne Bramble and David McNaughton. John Major was absent and excused. Mayor Jason Buelterman thanked the planning commission for their service on the Planning Commission Board and asked Commissioners Marianne Bramble, Tyler Marion and David McNaughton to stand and Commenced to administering the Planning Commission Oath for another 2-year term that will end January 31, 2017. Mayor Jason Buelterman asked if there were nominations for Chair. Commissioner Bishop made a motion to nominate Commissioner Marion for Chair, which was then seconded by Commissioner McNaughton. The vote to approve was unanimous. Mayor Buelterman offered his apologies for not letting Chair Marion know about a work shop they had the past month. Mayor Buelterman turned the meeting over to Chair Marion. Chair Marion noted that Commissioner Demery would still be Vice Chair till his term was up in January 2016. Chair Marion asked for consideration of January 20th, 2015 meeting Minutes. Commissioner Bishop stated that he had no concerns with the minutes, but he did have a correction for Planning Commission Notice of Determination for text amendment sec. 3-080C. As written, this Notice of Determination indicated that there was a motion to continue by Commissioner Major with the second my Commissioner Livingston. Commissioner Bishop stated that he made that motion to continue without a deadline and requested staff provide Commissioners answers to some of the questions previously raised. He went on to state that Commissioner Major had recommended staff bring recommendations to the March 12, 2015 meeting, which caused him to amend his motion to include that date, and Commissioner Livingston accepted the amended motion. Commissioner Bishop also stated that the Notice of Determination related to Mr. Kitchens' Variance contained an incorrect date. Chair Marion mentioned how important the notes and minutes are to staff, and that they will do their best to help in any way, and to allow for an inclusion of Commissioner Bishop's items of concern. Commissioner Bishop made a motion to approve the Minutes of January 20th, 2015 and Commissioner McNaughton seconded the vote to approve was unanimous. Chair Marion asked if there were any disclosures or recusals. There were no disclosures or recusals. 20150312CityCouncilPacket Page 23 of 39 3/6/2015/jrl Old Business Ed DiTommaso approached the Planning Commission to update the Commission on several staff initiatives. Mr. DiTommaso discussed that several items were discussed at the recent City Council Workshop including the Lighting Ordinance that was on the January Planning Commission agenda. Mr. DiTommaso stated that Planning and Zoning staff presented the Planning Commission's concerns to City Council and that City Council stated that they interested in considering a revised version of the Lighting Ordinance. This ordinance is now in staff's hands and will be brought back to the Planning Commission for their consideration once the revisions are complete. Mr. DiTommaso stated that the City Attorney is working on an ordinance related to driveway widths/City Right of Way. This ordinance will be on the Planning Commission Agenda for March. Chair Marion asked Mr. DiTommaso if he was present at that meeting and Mr. DiTommaso answered yes. Commissioner Bramble asked if the lighting ordinance will now be placed on the April Council workshop and then it will come to us in May. Mr. DiTommaso answered yes, and the new Business will explain more about it. Chair Marion asked if staff had looked into any other old ordinances or text amendments that were not being addressed. Mr. DiTommaso stated that there are a couple of codes that need to be reviewed when staff time allowed. Commissioner Bishop asked if one of Planning Commission members should be present at the April Council Workshop. Mr. DiTommaso stated that would be a good idea for a member from Planning Commission to be present. New Business Mr. DiTommaso approached the Commission to explain the revisions to the 2015 Planning Commission Meeting Schedule. Mr. DiTommaso explained that because of scheduling conflicts with court dates most of the dates are to be changed to Mondays instead of Tuesdays, beginning in March. Commissioner Livingston asked if October will remain on Tuesday. Mr. DiTommaso stated that we could look at changing October to Monday also. Commissioner Bramble made the motion that we change the regular third Tuesdays to the third Mondays on all months for the rest of the year and seconded by Commissioner Bishop, vote to approve was unanimous. Mr. DiTommaso approached the Commission to explain the Planning Commission Agenda Item Request Form. Mr. DiTommaso then gave a short presentation of the form. Chair Marion asked if this would be for the public. Mr. DiTommaso explained that it would be for Council and Staff to keep better track of who requested items and why they were requested. Commissioner Livingston stated that the form would be a good idea, and that it would provide a paper trail for the Planning Commission. Mr. DiTommaso asked if Commission had any comments on the way it was laid out and if they wanted to make any revisions to the form, because this was just a draft. Chair Marion stated it is a working form right now. Variance—607 Miller Avenue; Osal J. Evan; Zone R-2; pin 4-0005-14-012A Ed DiTommaso approached the Commission to explain the variance request from Osal J. Evan. Mr. DiTommaso then gave a short presentation of the property. Chair Marion asked if the variance allowed availability for local municipal vehicles to get to the back lot. Mr. DiTommaso stated he was not sure and that the owner does not intend to develop the lot. Commissioner McNaughton asked if lot 155 & 156 are part of the same parcel. Mr. DiTommaso stated that the survey used to show the driveway was older, and it has since been recombined. Commissioner McNaughton stated on the application under the request for variance they sighted irregularity, narrowness or shallowness of the lot, but they did not mark the exceptional typographic or other physical conditions, which is what they would likely use to justify a variance request. Mr. DiTommaso stated that is up to the Commission to decide. Mr. Poythress approached the Commission to address questions and concerns. Mr. Poythress explained that Mr. Osal would like to have the 15' access to be available to access the back lot if he were to sell his front lot. Commissioner Bossick stated that lot 175 is showing that the lot is 8,200square ft., but his calculations on the survey show 6,600 square ft. Mr. Poythress confirmed that it is actually 6,600 square ft. Chair Marion closed the public hearing. Commissioner Bishop asked if the zoning 20150312CityCouncilPacket Page 24 of 39 3/6/2015/jrl variance also encompasses a consideration for recombination. Mr. DiTommaso explained that if the variance is awarded, Planning and Zoning won't need the Commission's approval for the recombination, as it can be accomplished administratively. Commissioner Bossick asked if the recombination occurs would that property move from an R-2 single family to a two family based on the addition of the 15' of additional property. Mr. DiTommaso stated he would have to review the code to confirm. Commissioner McNaughton mentioned a similar property on Butler Ave that wanted to open up the lot toward the ocean where there were concerns about the width of the access road and a tree, and that's why they had Chief Sasser provide an opinion on required width of municipal vehicles.. Commissioner McNaughton stated he would like to hear from Chief Sasser before the Commission decides on the Variance. Commissioner McNaughton made a Motion to recommend approval of the variance with the stipulation that the width of the proposed access road be reviewed and found adequate with Chief Sasser before this goes to council. Commissioner Bramble seconded the vote was unanimous. Mr. Osal approached the Commission and thanked them for their service and also thanked Mr. DiTommaso. Commissioner Bishop made a motion to adjourn. Commissioner Bramble seconded the motion. The vote was unanimous. Meeting adjourned at 7:56pm 20150312CityCouncilPacket Page 25 of 39 3/6/2015/jrl • Sec.2-36.-Compensation of mayor and councilmembers. The mayor shall receive as compensation$700390.00 per month. Councilmembers shall receive as compensation$400200.00 per month. This compensation is intended to defray expenses incurred. This provision shall have application to the mayor and councilmembers assuming office in January 201600 and thereafter, subject to future amendments. 20150312CityCouncilPacket Page 26 of 39 3/6/2015/jrl ORDINANCE NO. 11-2015 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES AS TO SECTION 2-36 SO AS TO CHANGE THE COMPENSATION OF THE MAYOR AND MEMBERS OF COUNCIL, TO PROVIDE AN EFFECTIVE DATE, TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, and WHEREAS, the City is authorized to set the compensation of its elected officials in the manner established by state law, O.C.G.A. § 36-35-4; and WHEREAS, the City has properly published the required notice of its intention to set the compensation of elected officials; and WHEREAS, an existing ordinance, Section 2-36 needs to be amended so as to reflect the change; and NOW, THEREFORE, it is ordained by the governing authority of the City of Tybee Island that the code of ordinances, Section 2-36, shall be amended. SECTION 1 Section 2-36 will be amended as hereinafter shown with the increase in compensation to commence with the term of its elected officials beginning service as of January 1, 2016 and will read as follows: Sec. 2-36. Compensation of mayor and councilmembers. The mayor shall receive as compensation $700.00 per month. Councilmembers shall receive as compensation $400.00 per month. This compensation is intended to defray expenses incurred. This provision shall have application to the mayor and councilmembers assuming office in January 2016 and thereafter, subject to future amendments. 20150312CityCouncilPacket Page 27 of 39 3/6/2015/jrl SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention. SECTION 5 This Ordinance shall become effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2015. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: EMH/Tybee/Ordinances/2015/11-2015 compensation 03.02.15 EMH 20150312CityCouncilPacket Page 28 of 39 3/6/2015/jrl ORDINANCE NO. 06-A-2015 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, SECTIONS 66-183 AND 66-8(7) SO AS TO ESTABLISH PARKING DECALS FOR MOTORIZED CARTS/GOLF CARTS; TO ESTABLISH AN EFFECTIVE DATE; TO PROVIDE FOR A METHOD FOR SETTING THE FEE THEREFOR; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code to provide for parking decals for motorized carts/golf carts, to establish an effective date, to provide a method for setting the fee therefore, to repeal conflicting ordinances, and for other purposes. NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances, Section 66-183 concerning tax payments, and Section 66- 8(7), are hereby amended so that hereafter the ordinance shall read as hereinafter provided. SECTION 1 The Code of Ordinances is hereby amended so as to add a new Code section to be designated as Section 66-183 to add a new subsection to read as follows: Sec. 66-183. Decals for the parking of motorized carts (golf carts). Decals for the parking of motorized carts (golf carts) may be issued pursuant to Section 66-181(a) upon presentation of appropriate documentation to establish residency within the city. Residency may be established by providing a copy of the ad valorem/sales tax registration on the applicant's personal vehicle demonstrating payment of the tax to the Tybee Island tax district and also a copy of the golf cart registration to ensure that it has been inspected and belongs to the resident presenting the application. When this proof is presented to the proper city official, one decal will be issued for each vehicle which is the subject matter of the proof. The fee for a parking decal for a motorized cart (golf cart) shall be as set by the mayor and council and on file with the clerk of council. Any disputes concerning the eligibility for a free or discounted parking decal pursuant to this subsection shall be resolved by the city manager whose determination shall be final. 20150312CityCouncilPacket Page 29 of 39 3/6/2015/jr1 The Code of Ordinances is further amended to revise Section 66-8 so that hereafter such section shall read as follows: Sec. 66-8. Parking. (7) Motorized carts must observe the parking regulations and ordinances applicable to motorized vehicles and all parking therefor shall be by payment of the appropriate charge for parking in authorized parking places and/or the display of a valid decal for parking. SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. 20150312CityCouncilPacket Page 30 of 39 3/6/2015/jrl ADOPTED THIS DAY OF , 2015. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/06-A-2015 Secs 66-183 &66-8(7) decals,fees,motorized carts 01.29.15 -EMH 20150312CityCouncilPacket Page 31 of 39 3/6/2015/jrl ORDINANCE NO. 08-2015 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, SO AS TO CREATE A NEW SECTION 66-10, SO AS TO LIMIT THE NATURE OF VEHICULAR TRAFFIC ON JONES AVENUE WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to create a new Code section so as to limit the nature of traffic on Jones Avenue and for other purposes. NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances, Section 66-10 is created so as to limit the nature of vehicular traffic on Jones Avenue so that hereafter the section shall read as hereinafter provided. SECTION 1 The Code of Ordinances is hereby amended so as create Section 66-10 regarding the limitation of vehicular traffic on Jones Avenue which shall read as follows: Sec. 66-10. Vehicular Traffic on Jones Avenue. Vehicles with over two axles are prohibited from traveling in a north-south direction on Jones Avenue between its intersection with Second Street and its intersection with Chatham Avenue in either direction. Such vehicles are not prohibited from crossing Jones Avenue at intersecting streets. Exceptions for certain vehicles for limited purposes may be allowed by application through the Tybee Island Police Department. Two or more signs establishing the prohibition shall be placed in the right of way at such locations as deemed most reasonably calculated to give notice of the restriction to the motoring public as determined by the Tybee Island Police Department with consultation with the city manager or the manager's designee. SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared 20150312CityCouncilPacket Page 32 of 39 3/6/2015/jrl illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2015. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/08-2015 Sec 66-10 vehicular traffic on Jones Ave 03.04.15 EMH 20150312CityCouncilPacket Page 33 of 39 3/6/2015/jrl Jan LeViner From: Jason Buelterman <buelterman @hotmail.com> Sent: Thursday, March 05, 2015 11:53 AM To: Jan LeViner Cc: Diane Schleicher;Wanda Doyle (wandaddoyle @gmail.com) Subject: Re: Photos of pier plaque Pls add this to packet for first mtg in March to accompany my agenda item re Burke day.Thanks Sent from my iPhone >On Mar 5, 2015, at 11:04 AM, "Diane Schleicher" <dschleicher@cityoftybee.org>wrote: > Mayor Buelterman, > Please see the attached and suggested wording.Are you going to send an agenda request and this information to Jan for the March 26, 2015 meeting? >Thanks, Diane > > From: Bert Adams [mailto:bertadams54 @gmail.com] >Sent:Wednesday, March 04, 2015 10:58 PM >To: Diane Schleicher >Subject: FW: Photos of pier plaque > Diane, >Wording suggested for plaque >The Burke Day > Public Safety Building > Burke Day served Tybee Island for twenty years. His service to this community included serving on Tybee's City Council. He also represented all of Chatham County's island communities in the Georgia General Assembly. In the State House, Burke > Served as Chairman of the GA Public Safety and Homeland Security Committee. He currently serves on the Board of the GA International law Enforcement Exchange. > Burke Day's efforts can be seen in the sand on Tybee's beaches, the palm trees on the Strand, and the funding for this building. He has been a tireless and extraordinary public servant. For his accomplishments on our behalf,we dedicate this building to him. > Date >City of Tybee Island > Names of Council > Hope this will help. 1 20150312CityCouncilPacket Page 34 of 39 3/6/2015/jrl > Bert Adams > From: Diane Schleicher [mailto:dschleicher @cityoftybee.org] >Sent: Monday, March 02, 2015 6:57 PM >To: Berta Adams; Berta Adams >Cc: Mayor Hotmail;Wanda Doyle; Diane Schleicher >Subject: Photos of pier plaque > Berta, > Rsending due to large file. Please see the attached. Will send 3 more photos. >Thanks, Diane >Sent from my Verizon Wireless 4G LTE smartphone ************************************************************************************************** ************************** >This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e- mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of The City of Tybee Island. The recipient should check this email and any attachments for the presence of viruses.The City of Tybee Island accepts no liability for any damage caused by any virus transmitted by this email. City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 ************************************************************************************************** ************************** ************************************************************************************************** ************************** >This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e- mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of The City of Tybee Island.The recipient should check this email and any attachments for the presence of viruses.The City of Tybee Island accepts no liability for any damage caused by any virus transmitted by this email.City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 20150312CityCouncilPacket Page 35 of 39 3/6/2015/jrl Services Agreement This agreement, made on -21. 3 , 2006, shall be the complete and binding agreement between the City Tybee Island, Georgia (City) and Marlowe & Company, a public affairs consulting and lobbying firm located at 1667 K Street NW in Washington, DC. Background The City, for the purpose of retaining professional assistance with the infrastructure needs of the City, has requested the services of Marlowe & Company. The City and Marlowe & Company wish to set forth herein the terms and conditions under which the services shall be rendered by Marlowe & Company. In consideration of the foregoing end of the mutual agreements set forth below, the parties agree as follows: Terms 1. The City will pay Marlowe & Company $3,000 per month for each of the months in calendar year 2006 for services performed by Marlowe & Company in relation to the City's beach nourishment studies and projects and other issues identified by the City. 2. The fee described in Paragraph#1 includes all reasonable and necessary expenses incurred by Marlowe & Company. 3. The fee and services described in Paragraph # does not include payment for the time and expense of any out-of-town travel Marlowe & Company may incur at the request of the City. 4. The services described in Paragraph#1, above, shall be performed at the direction and to the satisfaction of the City. 5. Marlowe & Company shall account to the City for the time it has spent in performance of the services described in Paragraph #1 and shall maintain contact with a representative of the City by telephone, fax, mail, and/or e-mail to inform said representative of developments regarding the services described in Paragraph #1 and respond to said representatives comments and questions in a prompt and appropriate manner. 6. Either party may terminate this contract without cause on thirty(30) days' written notice. This Agreement contains the entire agreement and understanding of the City and Marlowe & Company with respect to the matters covered herein, and may only be modified by written instrument signed by both parties. GO? 1 20150312CityCouncilPacket Page 36 of 39 3/6/2015/jrl IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have caused this Agreement to be executed on the day and year written above. For Marlowe & Company: • Ka-, NI • Name: Howard Marlowe Date: 1 7 b (0 Title: President Witness For the City of Tybee Island, Georgia ( Date: Nide: --‘"\ r:e nL) • 4.4,e_ e. 7 .4/62_4 '740 fy(1 ejkr C Pr 20150312CityCouncilPacket Page 37 of 39 3/6/2015/Jr! S A V A G E BRENT J.SAVAGE ROBERT BARTLEY TURNER TURNER KATHRYN HUGHES PINCKNEY BRENT J.SAVAGE,JR. WILLIAM K.OTTO PINCKNEY DAPHNE S.WITHROW TINA CHENG TRIAL ATTORNEYS SAMUEL W. HUGHES ANDREW J.CONN February 18, 2015 CERTIFIED MAIURETURN-RECEIPT REQUESTED City of Tybee Island do Mayor Jason Buelterman Tybee Island City Hall 403 Butler Avenue Tybee Island, Georgia 31328 CERTIFIED MAIURETURN-RECEIPT REQUESTED Edward M. Hughes, Esq. City Attorney, Tybee Island, Georgia CALLAWAY, BRAUN, RIDDLE & HUGHES 301 W. Congress Street Savannah, GA 31412 RE: Claimant: D'Andre Martin Date of Incident: June 23, 2013 Date of Disposition: November 14, 2014 Gentlemen: Please be advised that I represent Mr. D'Andre Martin. This letter is to serve as notice pursuant to O.C.G.A.§36-33-5 regarding a claim for damages suffered by Mr. Martin as a result of the malicious prosecution perpetrated against him by Tybee Island Police Officer Eddie Dicus, badge number 1161. On June 23, 2013, Mr. Martin, a black man, was with a white female companion in a parking lot on Tybee Island when Officer Dicus approached. After placing Mr. Martin and his female companion on a bench and questioning them, Mr. Martin, who had not been placed under arrest, attempted to get up from the bench. Officer Dicus pushed Mr. Martin back down onto the bench, telling him that was not free to leave even though he was not under arrest at that time. Mr. Martin then declined to provide his name and date of birth. In response, Officer Dicus arrested Mr. Martin for obstruction for remaining silent. On September 18, 2014, Mr. Martin appeared in the State Court of Chatham County for the charge of obstruction under O.C.G.A. § 16-10-24. On that date,the Court dismissed the charge against Mr. Martin, finding that no probable cause existed for his arrest. ®n 20150312Cit CouncilPacket Page 38 of 39 "' /2 5 i I 102 E. LIBERTY ST. 1 8TH FLOOR SAVANNAH GEORGIA 31401 P.O. BOX 10600 SAVANNAH GEO`GI 7 31412 P 1 912.231.1140 F l 912.232.4212 savagelawfirm.net The arrest and ensuing prosecution against Mr. Martin amounts to malicious prosecution. Mr. Martin has sustained injuries in the form of lost wages, emotional distress and injury to his reputation through the false light through which this arrest has cast him. In light of the above, we are seeking compensatory damages for the harm caused, as well as punitive damages and attorneys' fees and expenses from those responsible for these damages. The amount of the loss claimed is in excess of$1,000,000.00. Pursuant to O.C.G.A. §36-33-5, we expect a response on behalf of the City no later than March 23, 2015. Please feel free to contact me with al questions. Yours ry truly, tt_ Robert Bartley Turner SAVAGE, TURNER & PINCKNEY RBT/wko cc: Mr. D'Andre Martin 20150312CityCouncilPacket Page 39 of 39 3/6/2015/jrl