HomeMy Public PortalAbout20170112CityCouncilPacketAmended.pdfTable of Contents
000_000_20170112Agenda....................................................................................................................................................................................... 1050_010_20161130Minutesdocx....................................................................................................................................................................................... 4050_020_20161206Minutes....................................................................................................................................................................................... 7050_030_20161208Minutes....................................................................................................................................................................................... 8050_040_Minutes 20161221....................................................................................................................................................................................... 16060_010_Bramble....................................................................................................................................................................................... 18060_011_Branigin....................................................................................................................................................................................... 19060_012_John Branigin PC....................................................................................................................................................................................... 22060_014_Matlock application....................................................................................................................................................................................... 23060_015_mcnaughton-01032017165250....................................................................................................................................................................................... 27060_016_RobertsonPlanning Commission Application 11-18-16....................................................................................................................................................................................... 30060_020_bernzott-01032017165225....................................................................................................................................................................................... 41060_021_Bramble....................................................................................................................................................................................... 43060_030_stoller-01032017165137....................................................................................................................................................................................... 44060_031_Strickland....................................................................................................................................................................................... 46060_032_TenenbaumEthics....................................................................................................................................................................................... 47070_010_Agenda Item - Jan. 12, 2017 - Audit Presentation....................................................................................................................................................................................... 49 Agenda - Jan 12 2017 - Audit Report Presentation Updated....................................................................................................................................................................................... 49 Combined Audit Report June 30, 2016....................................................................................................................................................................................... 51 Page 1 to 12....................................................................................................................................................................................... 51 Pages 13 to 58....................................................................................................................................................................................... 67 Pages 59 to 72....................................................................................................................................................................................... 114070_020_HP Presentation_1-12-17CCAR....................................................................................................................................................................................... 133 Agenda Request for 1-12-17....................................................................................................................................................................................... 133 CC presentation Jan 2017 2....................................................................................................................................................................................... 134100_010_20161219_PC_AGENDA....................................................................................................................................................................................... 159 PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 159 Demery Bishop Diane Schleicher....................................................................................................................................................................................... 159 David McNaughton Edward M. Hughes....................................................................................................................................................................................... 159100_020_AGENDA REQUEST 1-1113 VENETIAN DR-FREEMAN....................................................................................................................................................................................... 160 Untitled_20161212_114427_001....................................................................................................................................................................................... 161 Untitled_20161212_114516_002....................................................................................................................................................................................... 173
Untitled_20161212_114516_001....................................................................................................................................................................................... 175 Untitled_20161212_114554_001....................................................................................................................................................................................... 190 1113 VENETIAN MAP....................................................................................................................................................................................... 192 APPLICATION Untitled_20161209_092747_001 Untitled_20161209_092918_001 Untitled_20161209_134756_001....................................................................................................................................................................................... 192100_030_AGENDA REQUEST 2-TEXT AMEND-HEIGHT....................................................................................................................................................................................... 194100_040_20161219_PC_MINUTES....................................................................................................................................................................................... 200 PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 200 Demery Bishop Diane Schleicher....................................................................................................................................................................................... 200 David McNaughton Edward M. Hughes....................................................................................................................................................................................... 200110_010_Beachview Bed and Breakfast....................................................................................................................................................................................... 202120_010_IG Hold Harmless Agr{1696388.1}....................................................................................................................................................................................... 203120_020_Agenda Request2016....................................................................................................................................................................................... 205120_021_2016-691 Gymnasium Repairs....................................................................................................................................................................................... 206120_022_2016-691 Response from R_R Home Improvements....................................................................................................................................................................................... 216120_023_2016-691 Response from South Coast Contracting Group....................................................................................................................................................................................... 220120_024_City Letterhead (2)....................................................................................................................................................................................... 224120_030_Agenda Request 2017 - NB Parking Lot Post Hurricane Restoration Project....................................................................................................................................................................................... 225120_031_North Beach Parking Restoration Proposal....................................................................................................................................................................................... 226120_040_3 - Agenda Request - Hwy 80 Water Line Project - Extend work hours....................................................................................................................................................................................... 227120_041_3a - Hwy 80_Campbell_2nd Ave Water Exhibit....................................................................................................................................................................................... 229130_010_Resolution Registrar....................................................................................................................................................................................... 229130_030_IG Hold Harmless Agr - 12.27.16....................................................................................................................................................................................... 230130_040_Comcast....................................................................................................................................................................................... 231130_050_03-2017-A Alcohol rev 01.03.17....................................................................................................................................................................................... 232130_060_2nd Ordinance changes 12.12.16....................................................................................................................................................................................... 235130_061_05-2017 Ethics 01.04.17 - CLEAN....................................................................................................................................................................................... 246130_062_Memo 12.12.16....................................................................................................................................................................................... 249130_063_Procedures revised 12.12.16....................................................................................................................................................................................... 251130_064_C Ltr 12.12.16....................................................................................................................................................................................... 254 Submitted by:130_065_R Ltr 12.`12.16....................................................................................................................................................................................... 256130_070_32-2016 REDLINE Ame Art III Special Events 11.21.16....................................................................................................................................................................................... 257
130_071_04-2017 Ame Art III Special Events 01.03.17....................................................................................................................................................................................... 278130_080_Sec._3_080.___REDLINE - Off_street_parking_requirements amendment 2016....................................................................................................................................................................................... 299130_081_Sec 3-080 off street parking rev 12.14.16 (2)....................................................................................................................................................................................... 306150_010_City Council Goals - January 2017....................................................................................................................................................................................... 319 Sheet1150_011_City of Tybee Island Master Plan Short Term Work Program....................................................................................................................................................................................... 323160_010_Ethics Commission Approved Minutes for August 18 2016....................................................................................................................................................................................... 329160_020_20160815HPCminutes....................................................................................................................................................................................... 332160_030_20161116DAMSBODminutes....................................................................................................................................................................................... 334
AGENDA
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
JANUARY 12, 2017 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
1 Call to Order
2 In Remembrance 2016
3 Invocation: Susan Hill
4 Pledge of Allegiance
IV. Recognitions and Proclamations
1 Post Office, Tybee Island, GA
V. Consideration of the approval of the minutes of the regular meetings of the Tybee island City
Council
1 Minutes, Special City Council Meeting November 30, 2016
2 Minutes, Special City Council Meeting, December 6, 2016
3 Minutes, City Council Meeting, December 8, 2016
4 Minutes, Special City Council Meeting, December 21, 2016
VI. Consideration of Boards, Commissions and Committee Appointments
1 Tybee Island Planning Commission (3 seats open)
i. Marianne Bramble (re-appointment) ii. John Branigin
iii. Charles Matlock (re-appointment)
iv. David McNaughton (re-appointment)
v. Alan Robertson 2 Downtown Authority/Main Street BOD (2 seats open)
i. Sarah Bernzott
ii. Marianne Bramble
3 Ethics Commission (4 seats open)
i. Katherine Garlington (re-appointment)
ii. Michael Pappas (re-appointment)
iii. Lynda Stoller iv. Frances Kay Strickland (re-appointment)
v. Sheldon Tenenbaum
VII. Reports of Staff, Boards, Standing Committees and/or Guests 1 Meredith Lipton, CPA, Partner of Mauildin & Jenkins, LLC shall present the annual June
30, 2016 audited Financial Statements to the City Council
2 Sarah Jones and Chantel Morton: Historic Preservation
VIII. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times if 5
minutes.
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IX. Consideration of Approval of Consent Agenda
X. Public Hearings
1 1113 Venetian Drive, Minor Subdivision: Combine 3 lots and subdivide into 2 lots. Zone
R-2; PIN 4-0012-01-001; Christopher and Melissa Freeman 2 Text Amendment: Sec 3-090, Schedule of Development Regulations to address height
limitations
3 Minutes, Planning Commission, December 19, 2016
XI. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
1 Beachview Bed and Breakfast: Beer/Wine/Liquor – Sunday Sales by Drink for
Consumption on Premises Only, 2017. Alcohol and Entertainment Licensing approved
for 2017 on December 8, 2016
XII. Consideration of Bids, Contracts, Agreements and Expenditures
1 Intergovernmental Hold Harmless Agreement, Conditional Approval of Private Property Debris Removal
2 Bid #2016 – 691, Repairs to Gymnasium Building; Budget Line Item Number: 100-00-
11-1999
3 North Beach Parking Lot Post Hurricane Restoration Project
4 Water Line Replacement Project: Request for extended work hours (some night time
work during the weekdays) for this Public Works Project during the months of January,
February, March and April of 2017 in order to get the section of the water line in the parking lane on Highway 80 from the Curve to the North Campbell intersection before
the GDOT resurfacing project begins this spring.
XIII. Consideration of Ordinances, Resolutions 1 Resolution, Appointment of Municipal Registrar
2 Resolution, Chatham County, Supervise Preparation for Elections
3 Resolution, Conditional approval of Private Property Debris Removal 4 Resolution, Comcast, Franchise Agreement
5 First Reading, 2017-A-03, Sec 6-8, Alcohol Consumption
6 First Reading, 2017-05, Sec 23-1, Ethics
7 Second Reading, 2017-04, Special Events 8 Second Reading, 2017-02-Sec 3-080, Off-Street Parking
XIV. Council, Officials and City Attorney Considerations and Comments
1 Jason Buelterman i. Signage for sand bar on south-end
ii. Develop plan for obtaining public feedback regarding City’s response to
Hurricane Matthew 2 Wanda Doyle
i. Sec 6-1, Business Hours Specified; Responsibility for Compliance – Sunday Sales
(3) – (6)
ii. Funding for Marine Science Center
XV. City Manager’s Report
XVI. Minutes of Boards and Committees
1 Ethics Commission Minutes, August 18, 2016
2 Historic Preservation Commission Minutes, August 15, 2016
3 Downtown Authority/Main Street BOD Minutes, November 16, 2016
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XVII. Executive Session
1 Discuss litigation, personnel and real estate
XVIII. Possible vote on litigation, personnel and real estate 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 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
“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.”
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City Council Minutes 20161130
Mayor Buelterman called the Special City Council Meeting to order at 3:15PM, November 30,
2016. Those present were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry
Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes,
City Attorney; Angela Hudson, Director, Finance and General Administration; and Janet LeViner, Clerk of Council.
DISCUSSION:
Julie Livingston confirmed the price of RFP 2016-686 as $186,622. Ms. Schleicher confirmed.
Ms. Livingston asked: “then why is the City monitoring the debris pick-up as it is very costly
and does not see the value in monitoring as the City may not be reimbursed from FEMA?”. Ms.
Doyle stated she is recusing herself from the matters dealing with private roads as she lives in Eagle’s Nest which is a private road. Mayor Buelterman asked why is the monitoring of the
public roads less than 1/10 of the actual cost to remove the debris yet the monitoring of the
private roads is 3x the amount. Ms. Schleicher recommended there be a “not to exceed” price
stated rather than a cost of the contract.
Paul Ferraro, Adkins, approached Mayor and Council to answer questions. He stated he does
not believe the cost of the monitoring will be as stated. A discussion ensued regarding the time
it will take to remove the debris on private roads. Mayor pro tem Brown questioned if anyone
from Adkins has checked the amount of debris on the private roads/lanes. Mr. Ferraro
confirmed. Mr. Garbett confirmed with Ms. Hudson only one qualified bid was received for the
monitoring portion of the debris removal. Mr. Major asked if there was a contract in place prior
to the hurricane. Ms. Schleicher responded there was a contract in place with Adkins only for
organic debris monitoring on public streets. Ms. Livingston expressed her concerns with the
amount of the contract for monitoring. She asked Ms. Schleicher to explain. Ms. Schleicher responded, in her opinion, Adkins did due diligence in bidding the contract and P&J may not
have. Mr. Parks agreed with Ms. Livingston regarding the high bid. Mayor Buelterman then
asked Mr. Ferraro how many passes will be made for debris pickup. Mr. Ferraro responded,
two. Mayor Buelterman asked Mr. Major to share his analysis with everyone. Mr. Major stated with the estimated price and with the projected reimbursement from GEMA of 75% and CEMA
12.5%, Tybee’s share of the cost for monitoring and debris removal, public and private, will be
$301,000. Mayor Buelterman asked Mr. Ferraro when the debris removal for private roads will
begin. Mr. Ferraro responded as soon as the contracts are approved and signed, work will
begin as the trucks on are the Island. Mr. Garbett asked if additional trucks would be brought
on the Island to accelerate the removal of debris. Mr. Ferraro stated no. Mr. Brown asked
where the non-organic debris would be taken. Mr. Ferraro responded that P&J is working with
Waste Management and it will not be stored at the North Beach Parking Lot. Ms. Doyle asked
the status of the Right of Entry and Indemnification Agreement Form for the private roads. Mr.
Hughes responded the residents are required to sign the form and return to the Clerk’s office in
order for debris to be picked up. Mr. Hughes confirmed with the Clerk that executed forms
have been received from Horsepen Point and Shipwatch Dunes HOA. Ms. LeViner also
confirmed individual residents Agreements from Eagle’s Nest and other residents of private
roads have been received. Mr. Ferraro stated Agreements could be signed at the time of pick-up for debris but preferably prior to pick-up. Mr. Parks asked Mr. Ferraro for a time line of
when the organic debris will be picked up from public roads. Mr. Ferraro estimated it would be
two days and at that time they will begin on the private roads. Mayor Buelterman confirmed
the pick-up of non-organic could begin on Monday December 5, 2016. Mr. Ferraro confirmed as
long as the Agreements have been submitted. Mr. Hughes stated the City cannot remove
debris off residential property and the Agreements are for the road right-of-way. Mr. Major
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stated that what is before Mayor and Council is a “not to exceed” amount as if there are
additional costs, those costs will have to be approved. Ms. Schleicher confirmed. Mr. Major
recommended Mayor and Council approve a sufficient amount so Ms. Hudson is comfortable that work will not be halted due to additional costs not being approved. Ms. Livingston state
she is not comfortable with the amount of $186,622 as related to debris monitoring on private
roads and areas. Mayor pro tem Brown asked if a weekly summary as to cost be submitted to
Ms. Schleicher. Mr. Ferraro confirmed. Mayor Buelterman asked Mr. Ferraro if the per unit amount for monitoring is essentially the same for public as for private. Mr. Ferraro answered in
the affirmative. Mr. Hughes stated that part of the confusion in his opinion, is that Mayor and
Council are comparing the estimates for the debris removal to budget maximum for the
monitoring as there is not an estimate for the monitoring as it is a Time and Material Contract.
These are only estimates and not budget numbers. Mr. Major expressed his concerns with any
delay in the contracts due to the debris being so dry and a possible fire hazard. Mayor
Buelterman asked Ms. Hudson for clarification of the tipping fees that will be charged to the
City. Ms. Hudson explained those fees were included in the contract. Mr. Major asked Mr.
Ferraro at what point will the North Beach Parking lot be cleared. Mr. Ferraro estimated the
date will be by the end of December 2016 or first week of January 2017. Mayor Buelterman
stated the decisions that need to be made are: (1) approval of the debris monitoring for
organic debris, private drives; and (2) the amount for the amended General Fund FY 2017
Budget. Ms. Hudson recommended $3.5. Mayor pro tem Brown recommended approval of the
monitoring contract. Mayor Buelterman confirmed. Mayor pro tem Brown asked Mr. Ferraro to explain the process for monitoring. Mr. Ferraro explained the monitors are outside their
vehicles to ensure when the contractors are picking up the debris it is from the public right-of-
way and not non-related storm debris. The pick-ups are also timed as well as a GPS locations
added to the ticket. The operators have been trained to correctly measure the amount of
debris in the truck so not as to overcharge the City. Mr. Parks asked Ms. Schleicher her
recommendations for 2016-687, 2016-688, and 2016-689. Ms. Schleicher responded for 2016-
687, a “not to exceed” amount of $40,000; for 2016-688 a “not to exceed” amount of $80,000; and for 2016-689 a “not to exceed” amount of $10,000 which should proceed a special City
Council meeting to approve additional fees.
Dottie Kluttz approached Mayor and Council. Ms. Kluttz asked for an explanation of fees. Ms.
Schleicher explained staff had estimated the costs and the bids submitted were much lower.
Ms. Kluttz recommended Mayor and Council give the residents a time frame when storm debris
will no longer be picked up as this will assist in the monitoring costs. Mayor Buelterman
confirmed. Ms. Kluttz also asked when the recycling would start again as Atlantic Waste is not
separating it from garbage. Ms. Schleicher stated she will contact Ben Walsh, Atlantic Waste,
for clarification.
Kathryn Williams approached Mayor and Council to commend Mr. Ferraro for their hard work
and professionalism as they have tried to minimize the impact of all the debris. Ms. Williams
requested a clause be added that requires the grinder to stay on site as every day it is not
working is a day that impacts business at North Beach Bar and Grill. Mr. Ferraro stated it will
be on site for the duration.
Ken Frauenberger approached Mayor and Council. Mr. Frauenberger stated he does not live on the property at Izler and wanted to commend Mayor and Council as well as Staff for their
communication for people who own property on Tybee but do not live here. He then asked Mr.
Hughes for an explanation of a private and public road. Ms. Schleicher stated that when Tybee
was developed, prior to being incorporated, the developers dedicated the development to the
City (1925). There is a deed to the City for all streets shown on a Sugdens Map that were
taken as public streets. At the time the Forts were not part of this map and the streets not
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dedicated to the public. Those communities that were not included on the map and dedicated
to the City are considered private roads/streets. Mayor Buelterman stated if the City maintains
your road/street by paving and maintaining, it is a public street.
Mayor Buelterman then asked for motions.
To request the City Council’s approval to award a contract for RFP No. 2016-685, Disaster Debris Monitoring for Public Roads and Areas to Atkins North America, Inc. in the amount of $130,234. Monty Parks made a motion to approve with a not to exceed
of $130,234. Wanda Doyle seconded. Vote was unanimous, 6-0.
To request the City Council’s approval to award a contract for RFP No. 2016-686
Disaster Debris Monitoring for Private Roads and Areas to Atkins North America,
Inc. in the amount of $186,622. Wanda Doyle recused. Monty Parks made a motion
to approve with a not to exceed $186,622. John Major seconded. Voting in favor were Monty
Parks, John Major, Barry Brown and Bill Garbett. Voting against was Julie Livingston. Motion
passed 4-1.
To request the City Council’s approval to award a contract for RFP No. 2016-687
Disaster Debris Collection, Removal and Disposal Service of tree stumps on public
right-of-ways, improved public property and improved public areas to Phillips and Jordan, Inc. for an amount not to exceed $250,000. Monty Parks made a motion to
approve with a not to exceed $40,000. Wanda Doyle seconded. Vote was unanimous, 6-0.
To request the City Council’s approval to award a contract for RFP No. 2016-688 Disaster Debris Collection, Removal and Disposal Service of disaster debris on private roads and right-of-ways to Phillips and Jordan, Inc. for an amount not to
exceed $200,000. Wanda Doyle recused. Monty Parks made a motion to approve with a not to exceed of $80,000. John Mayor seconded. Vote was unanimous, 5-0.
To request the City Council’s approval to award a contract for RFP No. 2016-689
Disaster Debris Collection, Removal and Disposal Service of white goods on public right-of-ways, public property and public areas to Phillips and Jordan, Inc. for an amount not to exceed $300,000. Monty Parks made a motion to approve with a not to
exceed of $20,000. Barry Brown seconded. Vote was unanimous, 6-0.
To request the City Council’s uncommitted $4,800,000 from the City’s General
Fund’s fund balance reserves and amend the General Fund’s FY2017 budget by an
increase of $4,800,000 from $11,440,011 to $16,240,011 to cover the upfront cost of the Hurricane Matthew storm damage debris recovery services. Monty Parks
made a motion to approve as amended with the budget increase of $3.4M to $14,940,011.
Julie Livingston seconded. Vote was unanimous, 6-0.
Julie Livingston made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous,
6-0.
Meeting adjourned at 4:15PM
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City Council Minutes 20161206
Mayor Buelterman called the special city council meeting to order at 3:15PM on December 6,
2016. Those present were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry
Brown. Also attending were Bubba Hughes, City Attorney and Janet LeViner, Clerk. Julie Livingston made a motion to adjourn to Executive Session to discuss personnel. Monty
Parks seconded. Vote was unanimous, 6-0.
Monty Parks made a motion to return to regular session. Wanda Doyle seconded. Vote was
unanimous, 6-0.
Monty Parks made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous, 6-
0.
_________________________________ Janet LeViner, Clerk
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City Council Minutes 20161208
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on December 8, 2016. Those present were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry Brown and Bill
Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney;
George Shaw, Director, Community Development; Angela Hudson, Finance and General
Administration Director; and Janet LeViner, Clerk of Council.
Mayor Buelterman listed the following items on the consent agenda:
• Northern Atlantic Right Whale Day Proclamation
• November 10, 2016, City Council Meeting, Minutes
• Alcohol and Entertainment License – 2017
• BEER/WINE/LIQUOR - SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY AND ENTERTAINMENT
• Agave Bar and Grill Ivet Perez Hernandez 402 First Street
• A-J’s Dockside Restaurant Jacqualand M. Burn 1315 Chatham Ave
• American Legion Post 154 Charles Bolen 10 Veterans Drive
• Benny’s Alvin B. Ward 1517 Butler Ave
• Bernie’s Tybee Island, Inc. Bernie A. Reyes 13 Tybrisa Street
• Bubba Gumbo’s Patrick Burns 4 Old Hwy 80
• Coco’s Sunset Grille Tracy M. McMahon 1-A Old Hwy 80
• 80 East Pub and Grill Anthony J. Baker 725B First Street
• Original Rest Corp dba Jennifer R. Orr 1613 Strand
Fannie’s on the Beach
• Huc-A-Poo’s Bites & Booze Eric Thomas 1213 HWY 80
• Little Italy Tybee Inc. dba La Dolce Vita Heather Perez 1401 Strand
• Surfside Restaurants Corp dba Jennifer R. Orr 404 Butler Ave
Marlin Monroe’s Surfside Grill
• Nickie’s 1971(new owner) Roy Landrum 1513 Butler Ave
• North Beach Bar and Grill Kathryn Williams 33-A Meddin Drive
• RAW Industries Inc dba Ian Davis 18-C Tybrisa RAW Ingredients
• Bikini’s Inc. dba Rock House Joshua Navon 1518 Butler Ave
• Sting Ray’s Raymond J. Rogers Jr. 1403 Butler Ave
• Sweet Dreams Pavilion Myrtice Morrison Pier / Pavilion
• The Quarter Sports Bar Wayne T. Barlow 604 First Street
• Tybee Sand Bar INC dba The Sand Bar Jennifer Knox 1512 Butler Ave
• Tybee Island Fish Camp Kurtis Schumm 106 S. Campbell Ave
• Wind Rose Café Mary Klein 19 Tybrisa St
• BEER/WINE/LIQUOR - SUNDAY SALES BY DRINK FOR CONSUMPTION ON
PREMISES ONLY
• MacElwee’s Seafood Lynn Zeigler 101 Lovell Ave
• Spanky’s Beachside John Yarbrough 1605 Strand
• Tybee Island Wet Willie’s William Dickinson 16-B Tybrisa
• Tybee Supper Club Michael Scarbrough 35 Meddin Drive
• BEER/WINE - SUNDAY SALES BY DRINK FOR CONSUMPTION ON
PREMISES ONLY AND ENTERTAINMENT
• GPSBBQ.COM dba Gerald’s Pig & Shrimp Gerald L. Schantz 1115 HWY 80
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" E N T E R T A I N M E N T O N L Y
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p o i n t e d t h a t t h e B e a c h V i e w B & B h a s n o t s u b m i t t e d t h e i r S u n d a y S a l e s R e p o r t
a s o f y e t , t h e r e f o r e t h e y w i l l n o t b e c o n s i d e r e d u n t i l r e p o r t s a r e r e c e i v e d .
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M r . M a j o r a s k e d w h e n t h e e f f e c t i v e d a t e w o u l d b e . M s . S c h l e i c h e r r e s p o n d e d , F r i d a y ,
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P u b l i c R i g h t s o f W a y , I m p r o v e d P u b l i c P r o p e r t y a n d A r e a s , N O T T O E X C E E D $ 4 0 , 0 0 0
h e r e b y c h a n g e d t o N O T T O E X C E E D $ 8 5 , 0 0 0 . D i s c u s s i o n : M a y o r B u e l t e r m a n a s k e d M s . S c h l e i c h e r t o e x p l a i n t h e i n c r e a s e . M s . S c h l e i c h e r r e s p o n d e d P & J u n d e r e s t i m a t e d
t h e c o s t o f t h e j o b , t h e r e f o r e t h e i n c r e a s e .
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N O T T O E X C E E D $ 1 2 0 , 0 0 0 . D i s c u s s i o n : M a y o r B u e l t e r m a n a s k e d f o r c l a r i f i c a t i o n o f
t h e n o t t o e x c e e d i n c r e a s e . M s . S c h l e i c h e r s t a t e d P & J u n d e r e s t i m a t e d t h e s c o p e o f
t h e w o r k , t h e r e f o r e t h e i n c r e a s e . M r . M a j o r s t a t e d i f t h e C i t y i s r e i m b u r s e d b y F E M A f o r b o t h p u b l i c a n d p r i v a t e r o a d s , t h e C i t y w o u l d p a y a p p r o x i m a t e l y $ 3 3 9 , 0 0 0 . I f n o
r e i m b u r s e m e n t , t h e C i t y s c o s t w o u l d b e $ 2 . 4 2 . 7 M .
" A p r i l M o o r e S e t t l e m e n t A g r e e m e n t
" R e f u n d $ 1 . 0 0 p e r t i c k e t b a c k t o T y b e e P o s t T h e a t e r . D i s c u s s i o n : M o n t y P a r k s
s t a t e d t h e T y b e e P o s t T h e a t e r h a s p a i d a p p r o x i m a t e l y $ 5 , 8 0 0 o n t h e $ 1 . 0 0 p e r t i c k e t t o
t h e C i t y t o d a t e a n d r e c o m m e n d e d t h i s m o n e y b e r e f u n d e d a s r e p a i r s a r e n e e d e d t o t h e
r o o f .
B i l l G a r b e t t r e a d t h e P r o c l a m a t i o n f o r t h e N o r t h e r n A t l a n t i c R i g h t W h a l e D a y f o r
D e c e m b e r 8 , 2 0 1 6 .
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c o n s e n t a g e n d a w e r e p r e s e n t .
O p e n i n g C e r e m o n i e s
" C a l l t o O r d e r
" I n v o c a t i o n J a n L e V i n e r , C l e r k
" P l e d g e o f A l l e g i a n c e
R e c o g n i t i o n s a n d P r o c l a m a t i o n s
C h i e f A s h l e y F i e l d s , T y b e e I s l a n d F i r e D e p a r t m e n t , a p p r o a c h e d M a y o r a n d C o u n c i l t o r e c o g n i z e t h e r e c e n t g r a d u a t e s o f G e o r g i a B a s i c F i r e T r a i n i n g C o u r s e . T h e s e g r a d u a t e s a r e t h e
f i r s t g r a d u a t e s f r o m T y b e e I s l a n d . C h i e f F i e l d s r e c o g n i z e d D a v i d P a w l o s k i , B e n P e r k i n s , a n d
M e l a n i e R o w e . C i t i z e n s t o b e H e a r d M r . H u g h e s s t a t e d t h i s p r o c e s s i s n o t a l i k e a z o n i n g p u b l i c h e a r i n g i s s u e a s t h i s i s a R e q u e s t
f o r P r o p o s a l s r e g a r d i n g a l e a s e o f p r o p e r t y . O r d i n a r i l y t h e p r o p o s e r s d o n o t a d d r e s s M a y o r a n d C o u n c i l w h e n t h e d e c i s i o n i s g o i n g t o b e u l t i m a t e l y m a d e . H e c o n t i n u e d , t h i s p r o p o s a l h a d a
C o n e o f S i l e n c e w h i c h w a s n o t a d h e r e d t o m a i n l y d u e t o s o c i a l m e d i a a n d b o t h o f t h e p r o p o s e r s
a r e h e r e a n d r e p r e s e n t e d t o n i g h t . M r . H u g h e s s t a t e d t h e v i o l a t i o n o f t h e C o n e o f S i l e n c e c a n
b e r e j e c t i o n o f a p r o p o s a l . M a y o r B u e l t e r m a n a s k e d M r . H u g h e s t o g i v e b a c k g r o u n d o f t h i s
i t e m . M r . H u g h e s r e s p o n d e d t h e c u r r e n t l e a s e o n N o r t h B e a c h G r i l l i s d u e t o e x p i r e i n A p r i l o f
2 0 1 7 a n d d u e t o a p r o v i s i o n o f S t a t e L a w a s w e l l a s b a s i c p r o c u r e m e n t t y p e p o l i c y , t h e
s u g g e s t i o n w a s m a d e t h a t a R e q u e s t f o r P r o p o s a l w o u l d b e d o n e . T h e p r o p o s a l s w e r e i n c l u d e d
2 0 1 7 0 1 1 2 C i t y C o u n c i l P a c k e t A m e n d e d P a g e 1 0 o f 3 3 5 2 0 1 7 0 1 0 6 / j r l
on past agendas and/or discussed at meetings and two responses were submitted. The
Proposals were reviewed by the Committee to create a matrix based on the content of the
Proposals but no action has been taken since that time as some due diligence on the City’s part
was required and under the circumstances Mayor and Council has elected to take this matter up
at this time. Mr. Hughes then explained the different options to Mayor and Council as the City’s Charter permits the City to lease property prior to applicable State Law.
David Cornelius, 9 Palmwood Street, approached Mayor and Council to speak on the Tybee
Island Lite Shrine Club. Mr. Cornelius asked for relief to access the back of the building to do
repairs. Mr. Ferraro, Adkins, stated he will work with Mr. Cornelius to coordinate access. Mayor
Buelterman thanked both Mr. Cornelius and Mr. Ferraro.
Polly Hall, 5th Avenue, approached Mayor and Council, to speak on behalf of North Beach
Grill. Ms. Hall expressed her concerns with the matrix that was done regarding the Request for
Proposal. She stated that a matrix is used to inform the discussion which will then result in a
decision. Ms. Hall does not feel that numbers from the matrix should not determine a business decision. She does feel Mayor and Council should not take the decision of possible relocation of
the North Beach Grill from the owner when they have been contributing in the community and
commitment to promoting the Island. Mayor Buelterman thanked Ms. Hall.
Mallory Pierce, 5th Avenue, spoke in favor of the North Beach Grill as it is a unique
institution. Mr. Pierce stated that North Beach Grill is leasing the property and not the building
as they have built the building. He also questioned the legality of not renewing the lease as the business does not own the building. Mayor Buelterman thanked Mr. Pierce.
Amy Cash, Chattanooga, Tennessee, approached Mayor and Council to speak in favor of
renewing the lease for North Beach Grill. Ms. Cash stated the main reason she visits the Island is due to the North Beach Grill as well her love for the community and beach. Mayor
Buelterman thanked Ms. Cash.
Jean Hudson, 1306 Venetian Drive, approached Mayor and Council to speak in favor of
renewing the lease for North Beach Grill. Ms. Hudson stated that by a show of support at the
meeting, the Community is speaking in favor of the North Beach Grill. Mayor Buelterman
thanked Ms. Hudson.
Shelton Tauntabaum, 1621 Chatham Avenue, approached Mayor and Council. Mr.
Tauntabaum stated, if the bid price is the issue, this is not the only income stream from the
North Beach Grill. There are sales and excise tax which is a positive. With a possible new
owner, there is no guarantee of the revenue stream as they will not be proven. Secondly, if
leases are going to come due every 5 – 10 years, who will want to invest money in the building
or facility not knowing if the lease will be renewed. Mayor Buelterman thanked Mr. Tauntabaum.
Sarah Bacon, 14 Estill Hammock Road, approached Mayor and Council to speak in favor of
renewing the lease on the North Beach Grill.
Ross Howard, 507 Jones Avenue, approached Mayor and Council stating he represents
Tybee Island on local television stations. Recently he stated “when people come to visit Tybee Island, they see the Lighthouse, beach and to discover Tybee Island but what they discover
after they arrive is the real treasure, the people of Tybee Island.” Mr. Howard stated the
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criteria of a bid, there will always be someone that will find something wrong but those
proposals are not the end all as they are a tool. The decision is up to Mayor and Council and
need to know their decision could affect the workforce at North Beach Grill. Mr. Howard asked
Mayor and Council not to bury the North Beach Grill as it is a true treasure.
Dottie Kluttz, Officers Row, approached Mayor and Council to speak in favor of the North
Beach Grill. Ms. Kluttz reminded Mayor and Council this is a personal decision as this will affect
the future of the current lease holders as they will not have a livelihood and their staff will have
to look for other employment.
Wes Saxton, Treasure Loop, Wilmington Island, approached Mayor and Council to speak
in favor of North Beach Grill. He asked the lease be renewed. Mayor Buelterman thanked Mr. Saxon.
Roxanne Fleetwood, 138 S. Campbell Avenue, approached Mayor and Council to speak in
favor of North Beach Grill. She recommended the other interested party in the North Beach Grill look for an alternate location for their endeavors. Mayor Buelterman thanked Ms.
Fleetwood.
Debby Kerney, 1101 Second Avenue, approached Mayor and Council to make a business
appeal to Mayor and Council. Ms. Kerney stated the North Beach Grill should have received
points for having a successful business for 20 plus years as they are a proven tenant. Mayor
Buelterman thanked Ms. Kerney. Wanda Doyle made a motion to approve the consent agenda to include the waiver of licensing
fees for American Legion Post 154. Monty Parks seconded. Vote was unanimous, 6-0.
Public Hearings – Zoning Map was in the Room 2016-25 First and Second Reading, Erosion and Sedimentation Control Ordinance.
George Shaw approached Mayor and Council. Mr. Shaw stated the item before them is an amendment to an existing ordinance which will match State Laws that have changes. The
greatest affect locally will be the addition or reinstitution of the 25’ marsh buffer as the City has
its own. The Planning Commission recommended approval unanimously. Bill Garbett made a
motion to approve first and second reading. Wanda Doyle seconded. Voting in favor were Julie Livingston, Monty Parks, John Major, Wanda Doyle and Bill Garbett. Voting against was
Barry Brown. Motion carried 5-1.
2016-22 First Reading, Sec 3-080 (D), to create a use table with parking requirements and adjust parking requirements. Additionally to amend Sec 2-010
Definitions, to add a definition of Shopping Center. George Shaw approached Mayor
and Council and stated this agenda item is a result of a request from Mayor and Council. Mr. Shaw stated it was easier to create a “use table” rather than the previous format which has
been deleted for the most part. He stated this also represents the City’s multi-modal
transportation use on the Island and most of the parking requirements are lessened from
approximately a third to half depending on the type of use and additional uses that are not
reflected in the City’s current ordinance. Mr. Shaw continued, a definition for shopping center
was added. Mr. Major asked if there is a shopping center with three retail stores, each 2,000
sq ft, each would have a requirement of 6.6 parking spaces but the shopping center as a whole would have 6,000 sq ft, which would be 15 parking spaces as opposed 19.8 parking spaces. He
recommended the language “free standing retail stores” would have a different requirement.
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He asked which would take precedence. Mr. Shaw responded with the retail it is a standalone
business where the shopping center is combined on a single parcel of land. Mr. Parks
referenced the prior ordinance as electrical hook-up is not allowed in the hotel/motel parking
lots. Mr. Shaw apologized as that did not get transferred to the proposed ordinance and will be
added for second reading. Ms. Doyle asked for clarification of the definition of a shopping center. Mr. Shaw responded that in crafting the proposed ordinance he research several options
and decided on two businesses. Mr. Major stated in reviewing the minutes of the Planning
Commission the motion was to approve as submitted. Wanda Doyle made a motion to
approve as amended by including the recreational vehicle hook-up restrictions as in the
previous ordinance and including “freestanding” after retail. Monty Parks seconded. Vote
was unanimous, 6-0.
Consideration of Ordinances, Resolutions 2016-31A – Second Reading, Master Plan Implementation Committee, Sec 2-265.
Mr. Garbett stated in the proposed ordinance language should be added so the Committee
can address issues that Mayor and Council forward to them. Mr. Major stated if Mayor and Council have an issue or concern they would like the Committee to review for recommendation,
this proposed ordinance would empower them to do so. Mayor Buelterman stated Mayor and
Council would have discussions prior to asking the Committee to review and send
recommendations. Mr. Major recommended a Resolution be done when asking the Committee
to review an item. Mr. Hughes stated language be added “by Resolution”. Bill Garbett made
a motion to approve as amended by adding “by Resolution”. Wanda Doyle seconded. Vote
was unanimous, 6-0. Consideration of Bids, Contracts, Agreements and Expenditures
Hotel/Motel Agreement – Trade Center. Deferred until December 21, 2016 City
Council Meeting. Addendum to 2016-688, Disposal of disaster debris on private roads and rights of
way, NOT TO EXCEED $80,000 is hereby changed to NOT TO EXCEED $180,000. Wanda Doyle recused. John Major made a motion to approve. Monty Parks second. Vote
was unanimous, 5-0.
Council, Officials and City Attorney Considerations and Comments North Beach Bar and Grill Lease. Mr. Parks stating that he has a three part motion to offer
for consideration. Monty Parks made a three part motion: (1) Reject both proposals at this
time; (2) ask the City Attorney to enter into negotiations with the current tenants to achieve a
more equitable lease agreement; and (3) ask the City Attorney to bring the results of that
negotiation back to the full Council with the understanding that acceptance of this lease is
contingent on Council approval. Bill Garbett seconded. Discussion: Mr. Hughes asked
that a date of completion be added to the motion. He reminded Mayor and Council the lease expires the end of April 2017. Mr. Parks amended his motion to include Mr. Hughes bring
results of the negotiation to Mayor and Council at the February 9, 2017 City Council Meeting.
Mr. Garbett accepted the addition. Ms. Doyle expressed her concerns as a Request for
Proposal process was done where there were two open public meetings for input where none
was received. She asked why negotiations were not done rather than the RFP process. Ms.
Livingston stated she has concerns regarding Mr. Parks’s motion. She feels there are better and
more appropriate methods to resolve this issue other than negotiations. Ms. Livingston stated
the process should be more structured and consistent with State Law. Mayor pro tem Brown
stated his concerns as a complete response was not received during the RFP process. He
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would recommend reissuing the RFP to include the North Beach Bathrooms. With a normal bid
process, if the submitting packet was incomplete it would have been disqualified. This was not
done with the onset of the RFP. Mayor Buelterman recommended not opening the bid proicess
again. Ms. Livingston recommended looking at conveying the property to the Downtown
Development Authority (DDA) to manage as they have flexibility with requirements. We want to keep the character of Tybee Island and the North End. The DDA would be able to negotiate
the lease in relationship to the character of the North End that Mayor and Council cannot.
Mayor Buelterman stated this was an option but will take time to establish in the community.
Ms. Doyle stated Ms. Livingston has a good idea moving forward. She then asked Mr. Hughes
his opinion on establishing projects for the DDA. Mr. Hughes responded it would take a three
way agreement to have the City surrender the control of the property to the DDA and the DDA
would have contracting powers the City does not have. Ms. Doyle asked if the properties were put in the hands of the DDA would they handle the leases. Mr. Hughes stated the DDA would
have the ability on how Mayor and Council convey to them, have the power to negotiate
without the statutory restrictions imposed on Mayor and Council. Mayor Buelterman agreed
Mayor and Council need to move forward with the DDA. Mr. Parks stated that after his research, the lease could be turned over to the DDA after an approving vote this evening. Ms.
Livingston responded that she believes the DDA is the best answer for the future as it is a way
to keep the character of the Island as well as funding for the businesses. Mr. Major asked for confirmation moving forward with a vote would not hamper the negotiations of the lease. Mr.
Hughes confirmed. Mayor Buelterman stated moving forward; approval of the negotiations of
the lease of the North Beach Grill is the best option moving forward. Ms. Doyle responded that
she cannot support Mr. Park’s motion as the City did not offer negation of the lease but instead
did an RFP. She continued that it is not personal against Ms. Williams. Voting in favor were
Monty Parks, John Major and Bill Garbett. Voting against were Julie Livingston, Wanda Doyle
and Barry Brown. Mayor Buelterman voting in the affirmative. Motion passed 4-3.
Alcohol Ordinance, 32-2016, Article III, Special Events. Mayor Buelterman asked Mr.
Hughes to enforce the proposed ordinance. Mr. Hughes responded with the discussion this
evening, first and second reading could take place at a February 2017 meeting. Ms. Doyle asked for clarification of the options included in the packet before them. Mr. Hughes stated
Options A, B, and 32-2016 are included in the packet. He continued by explaining the changes
regarding pop-up events, restrictions on activities regarding consumption of alcohol, and a
Resolution is passed as associated with an unauthorized event. Ms. Doyle made reference to
Option A regarding consumption of alcohol in public during March, April, and May. Mr. Hughes
confirmed. Ms. Doyle asked if this includes parks. Ms. Hughes stated Option B included parks.
Ms. Doyle responded she has concerns with consumption of alcohol in parks as there are family reunions and other family activities during in the spring. Mr. Major stated he has discussed this
with the Tybee Island Police Department (TIPD) and feels the TIPD should always have the
authority to shut down an event where there are public safety concerns. He also recommends
a ban on alcohol for March, April and May but also understands Ms. Doyle’s comments. Mr.
Garbett recommended areas such as parking lots and adjacent beaches and C-1 District are
included in the ban. He stated there are opportunities to reign in those who abuse alcohol on
the Island. He would also recommend the ban include the Friday prior to Memorial Day. Ms. Doyle agreed with Mr. Major as the ban should be parking lots and adjacent beaches. Ms.
Livingston recommended the entire month of May not be included as Memorial Day is a major
vacation weekend. Mr. Parks stated he supports the proposed ordinance as it is stricter. Mayor
Buelterman stated Mayor and Council do not want Tybee Island to become a Spring Break
Vacation location. Also, Orange Crush has to be stopped as it is a public safety issue. Mr.
Major confirmed. He stated the TIPD should always have the authority to stop an event when
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it becomes a public safety issue. Mr. Hughes stated when there is traffic from social medial
regarding an upcoming unpermitted special event, the goal being to act when an event is
getting out of control, so that appropriate notice is given, there will be no alcohol permitted.
Ms. Livingston stated her intent was not to have the TIPD restrict alcohol four hours prior to an
event only to be used as a determent. Mayor Buelterman recommended sending to the Public Safety Committee for recommendations and brought back to Mayor and Council on
December 21, 2016.
Julie Livingston made a motion to adjourn to Executive Session to discuss real estate. Monty Parks seconded. Vote was unanimous, 6-0.
Monty Parks made a motion to return to regular session. Wanda Doyle seconded. Vote was unanimous, 6-0.
Monty Parks made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous, 6-
0.
Meeting adjourned at 8:55PM
__________________________
Janet LeViner, CMC
Clerk
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City Council Minutes 20161221
Mayor Buelterman called the Special City Council Meeting to order at 9:00AM, December 21,
2016. Those present were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes,
City Attorney; Angela Hudson, Director, Finance and General Administration; and Janet LeViner,
Clerk of Council.
Consideration of Bids, Contracts, Agreements and Expenditures Hotel/Motel Agreement – Trade Center. Mr. Hughes stated this is the extension and was
addressed in September 2016. The Trade Center is asking the contract be extended for twenty
(20) years and the City initially was agreeable. There is now an issue with the City having the
ability to raise the rates by way of Local Act and distribute according to the plan that was
initially proposed. Mr. Hughes is recommending the Agreement be extended for two (2) years
and the Agreement can be re-extended at that time. He is asking that the dates be changed to expire December 31, 2018. Mayor Buelterman confirmed and if the City were to raise the rates
there might be an issue with the Chamber with using the total amount for Tourism and Product
Development. Ms. Doyle confirmed if the City were to raise the rates the Chamber might
request half of the increase. Mr. Hughes stated no as it has to do with the legitimacy of the
arrangement so that the Trade Center is a proper recipient of the hotel/motel proceeds. He
has communicated with the Tax Specialist in the Attorney General’s Office and is awaiting a
response as to if the Trade Center is a proper recipient under the law as currently exists. Mr. Garbett confirmed the City is not currently working on increasing the tax. Mr. Hughes
confirmed as it would have to be done by Resolution that would include distribution of the
funds. Ms. Doyle stated meetings have been held with the Tourism Council and business
community regarding the 1% increase and working toward their support. Bill Garbett made a
motion to approve the Agreement to make it applicable through December 31, 2018. Julie
Livingston seconded. Vote was unanimous, 6-0.
Approve bid award to lowest responsible bidder for Water Line Replacement Water project consists of a second phase of water line replacement, replacing old
asbestos-cement and lead-jointed pipes with new C-900 PVC pipe. This will be the
final replacement of all water lines on Tybee Island that have lead joints per the Mayor and City Council’s directive. Ms. Schleicher stated the bid opening was yesterday
which prompted a Special City Council Meeting today. Chris Stovall, Thomas and Hutton,
approached Mayor and Council. Mayor Buelterman stated savings have been identified but they are not equal to the $130,000 which is the amount of the bid. Mr. Stovall confirmed. Mr.
Stovall stated there is actually less of a savings as there was a mistake. With the paving portion
of the contract, a water main will be installed and there is no reason to do a complete
pavement section as GDOT will be resurfacing that area. The contract does include the sidewalk which was not included in the original project which is added scope. Mr. Garbett
asked where the sidewalks were. Mr. Stovall responded on Campbell, west side. With this the
City is only $20,000 short with the loan amount. He has recommended from GEFA for additional funds. Mayor Buelterman asked if the residents have been notified on North
Campbell. Mr. Stovall responded no. Mayor Buelterman requested Ms. Schleicher schedule
public meetings so residents are aware of the new sidewalks. Ms. Schleicher confirmed as with
the sidewalks, it will assist in safety with the walkers. Mr. Stovall requested, as this is time
sensitive, the contract be signed today pending approval by Mayor and Council. Mr. Hughes
recommended, as part of the motion, the Mayor pro tem be authorized to sign any documents
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regarding this project in the absence of the Mayor. Mayor pro tem Brown asked for
confirmation of the loan amount. Mr. Stovall responded $130,000 additional was included in
the loan making the total loan amount, $1,361,000 for the project inclusive. Ms. Schleicher
stated that she will ask for a full disclosure regarding financing as cash flow is tight. Mayor
Buelterman asked Ms. Schleicher for a report on the back-up pumps. There was a brief discussion regarding the back-up pumps and how to move forward. Mr. Reese stated they are
on contract for future needs. Barry Brown made a motion to approve the contract to the
lowest responsible bidder. Wanda Doyle seconded. Vote was unanimous, 6-0. Wanda
Doyle made a motion to authorize Barry Brown, Mayor pro tem, to execute any subsequent
documents in the absence of the Mayor in order not to delay the project related to increase the
loan from GEFA. Bill Garbett seconded. Vote was unanimous, 6-0.
Consideration of Ordinances, Resolutions First Reading, 32-2016, Article III, Special Events. No action taken
Council, Officials and City Attorney Considerations and Comments Monty Parks stated there is a requirement by January 1, 2017, Short Term Vacation Rentals
(STVR’s) to have a land line in place. A large number of STVR’s are sitting vacant due to
damage from the Hurricane and various other reasons. Mr. Parks would recommend an
extension of 60 days be granted which will give the owner’s time to complete repairs, etc. Monty Parks made a motion to grant a grace period on land line requirements for all STVR’s
for sixty (60) days, until March 9, 2017. Wanda Doyle seconded. Discussion: Mr. Parks
stated if the resident has a building permit, this will satisfy the extension. Mr. Garbett said that if the STVR’s is being rented full time, how you would determine granting the extension. Ms.
Schleicher recommended having a moratorium until such time as all repairs can be made.
Mayor Buelterman recommended forms be completed online so take the load off staff. Ms.
Schleicher confirmed. Monty Parks made a motion to adjourn. John Major seconded. Vote was unanimous, 6-0.
Meeting adjourned at 9:45AM
__________________________
Janet LeViner, CMC
Clerk
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Planning Commission Member
Application Questions
(applications will not be processed without completion of these questions)
1. Why do you want to be a member of the Tybee Island Planning
Commission?
The Planning Commission provides important citizen input that directly affects the quality of life
of the residents and non-residents of Tybee Island. As a resident, I want to help guide the
island’s land development in a sustainable yet practical way to ensure that Tybee remains the
type of community that drew all of us here in the first place.
2. What do you believe to be the most important aspect of the role that a
Planning Commissioner plays for the community and the City?
The members of the Planning Commission have the responsibility to help protect the long term
future of Tybee Island. This fundamental aspect applies to many areas and interests, often ones
with conflicting priorities. Examples: property owner rights vs. environmental protection;
residents’ rights vs. non-residents needs; residents’ interests vs. business interests. The list goes
on… The members of the Planning Commission must try to find the proper balance when there
are conflicts by applying both the “letter” of the Land Development Code as well as some
common sense.
3. Explain your understanding of the City of Tybee Island’s Land Development
Code.
I have perused the Land Development Code but I would hardly consider myself an expert on it.
What’s important is that the relevant sections are reviewed and thoroughly understood as they
pertain to the individual petitions that come before the Commission.
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4. Briefly explain a land use decision that interested you. Share your
observations about the process and the decision.
I was very interested in the discussion a year or so ago about the proposed recreational
opportunities proposed for the North Beach area of the Island (water slide, etc.). In following
that request, I don’t think enough consideration was given to how that may have intersected
with Tybee’s the ongoing parking issues. While some parking spaces would have been lost in the
North Beach lot, the proposed recreational facilities may have drawn more visitors to the North
Beach area thus taking some of the parking pressure off of the South end. I’m not sure that
aspect got much consideration.
5. Where do you see the City of Tybee Island in ten (10) years?
There is no easy answer to this question. A lot will depend on what actions are taken by the
Planning Commission, City Council and Tybee’s citizens to address the current issues that are
affecting this community. Finding a balanced solution to the “density” problems (traffic, parking,
water needs, etc.) will all be critical to preserving the “laid back” lifestyle that Tybee is known
for. If Tybee is unable to find reasonable solutions, then I’m not sure I want to imagine what
Tybee will be like.
6. In your own words, please give your personal opinion as to the meaning of
“conflict of interest”.
A conflict of interest arises when an individual has interests or loyalties are at odds with each
other. The typical business / government example is when someone would gain financially from
the outcome of a decision they are involved with. However, conflicts of interest can exist for
reasons other than financial gain and include any circumstance where an individual’s decision or
action is compromised (or appears to be compromised) for private benefit or personal
advantage.
7. What would you consider to be the biggest accomplishment that the
Planning Commission has made over the last five (5) years?
When the State essentially “voided” their 25 ft. marsh buffer, I was impressed that the members
of the Planning Commission quickly stepped in to adopt a buffer ordinance for the island. While
not everyone agreed with the details or specifics, I think everyone agreed that a buffer
protection measure was needed.
8. If you could change one thing about the Planning Commission, what would
that be? Please explain the benefits that would come about as a result of
the proposed change.
I would like to see the Planning Commission freed up from the need to review and rule on some
of the more routine petitions that currently come before it. It seems that many of the ones that
do not include a request for a variance could be handled by City staff. This would allow the
Planning Commission more time to focus on strategic issues.
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Signature _____________________________ Today’s Date___________________
Printed Name John Branigin
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John Branigin 1406 7th Avenue | 912-786-4506 (h) 912-704-6528 (c) | bizmail@tybeethang.com
Objective · As a twelve-year resident, I would like to serve the citizens of Tybee Island as a member of the Planning Commission. Whatever success I achieved in my working career I owe to teamwork, rational decision making and a strong sense of fairness. I believe I would bring a thoughtful, balanced and open perspective to the Planning Commission, if appointed.
Skills & Abilities
TEAMWORK · As a member of the Federal Reserve’s executive leadership team that overhauled and modernized the Fed’s check processing business, I worked effectively with colleagues from around the nation to successfully complete this multi-year, $200+ million effort. The project involved over 300 staff from around the country in addition to multiple external vendors and would not have been successful had we not been able to foster an environment emphasizing teamwork.
DECISION MAKING · Having worked in a highly collaborative, consensus organization, I learned that the best decisions are ones that are 1) based on facts and research; 2) include input from all stakeholders and 3) are openly and thoroughly vetted. I believe I have the ability to see an issue from other points of view, thus enabling me to understand the opinions of others, reflect on my own point of view, refining or changing it as warranted, to ultimately arrive at a fair and justifiable decision. Common sense is just as important in good decision making as are the “rules”.
STRATEGIC THINKING · During my career at the Fed, I learned to understand the importance and impact of long term thinking as a result of participating in the strategic planning for the $100 million check business. I believe decisions before the Planning Commission need to take reflect their long-term impacts in addition to their immediate impacts.
CHAIRMAN |TYBEE ISLAND AUDIT COMMITTEE | 2014-2015 · Member - 2013
VICE PRESIDENT (RETIRED) | FEDERAL RESERVE BANK OF ATLANTA | 2001-2012 · Responsible for managing the teams charged with developing, maintaining and supporting the Federal Reserve’s national check processing software platform; working with the check community to translate business needs into technical solutions; managing external vendor relationships; testing applications software and serving as the lead Federal Reserve System contact on technical issues. · 1987-2000 | Various positions of increasing management and leadership responsibilities.
PRESIDENT | TYBEE SANDS CONDO ASSOCIATION | 2002 · Successfully negotiated with building’s original developer to repair inadequate waterproofing even though it was no longer the builder’s responsibility.
Education
BA | DAVIDSON COLLEGE Major: Political Science
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CITY OF TYBEE ISLAND
P.O. Box 2749 · 403 Butler Ave.
Tybee Island, GA 31328
Phone (912) 786-4573 · Fax (912) 786-5737
www.cityoftybee.org
PLANNING COMMISSION MEMBER
APPLICATION PACKET
Alan W. Robertson
Thank you for your interest in serving on the Planning Commission of the City of
Tybee Island.
The Planning Commission makes formal recommendations to the Mayor and the
City Council on Land Development Code petitions and issues. The Planning
Commission is a citizen board appointed by the Mayor and the City Council. It is
composed of six voting members and a chairperson who votes only in the event of
a tie. Terms are staggered and are for two years, beginning on February 1.
Members must be residents within the city limits of Tybee Island. Planning
Commission members are not compensated by the City for their service.
The Planning Commission meets at City Hall once a month at 7:00 p.m. The dates
of meetings for the current calendar year are posted at the City’s website at
www.cityoftybee.org.
Attached is Article 11 of the Land Development Code and the Planning
Commission Rules of Procedure which will provide information about the
Planning Commission. It may also be useful to review the minutes of past Planning
Commission meetings which are posted at the City’s website.
To apply for a Planning Commission opening, you must complete the attached
form and submit it with your resume to the Clerk of Council before the deadline
date.
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Alan W. Robertson 2
CITY OF TYBEE ISLAND
P.O. Box 2749 · 403 Butler Ave.
Tybee Island, GA 31328
Phone (912) 786-4573 · Fax (912) 786-5737
PLANNING COMMISSION MEMBER
APPLICATION QUESTIONS
(applications will not be processed without completion of these questions)
1. Why do you want to be a member of the Tybee Island Planning Commission?
Tybee is our home. My wife and I purchased our home in June 2008 and have lived here
since 2014. Tybee is where we plan to spend the rest of our lives. We have an interest in
helping grow Tybee economically while preserving what makes Tybee unique, as well as a
strong sense of civic responsibility to participate actively in the life of the community. I am
currently a member of the Beach Task Force, a Board Director of Friends of Tybee Theater, and
am a member of the working group that is reviewing the City Code.
The Planning Commission is the fundamental deliberative body of the City’s government,
advising the City Council on key land use issues, created to “promote the health, safety,
convenience, order, prosperity and general welfare of the city” (Article 11, Section 11-010) - no
small task. As such, most issues facing the City are brought before the Commission at some
point. While I certainly have a lot to learn, I am a quick study and as summarized in my resume
attached, I bring Board level leadership experience, strategic planning, and financial acumen to
the Commission.
2. What do you believe to be the most important aspect of the role that a Planning
Commissioner plays for the community and the City?
The Commissioner’s role is to make recommendations to the Council on all Land Code
matters (paraphrasing Article 11, Section 11-110 Duties). In doing so, the Commission
establishes goals and policies for managing the growth and development of Tybee, in a way
that represents good stewardship of the City’s resources, improves economic development
and quality of life for its citizens, protects our environment, provides an effective forum for
reaching consensus on tough issues, and connects people to the larger community.
The most important of these roles today in Tybee is to help make the Planning Commission
an effective forum for reaching consensus and connecting our citizens to the larger
community.
Being a good steward of our resources: allocating what is never enough money or human
resource across competing goals all of which have merit, and improving the quality of life
for our citizens while protecting property values and the environment, requires healthy
open-minded debate and a search for the middle ground. My experience of Tybee, albeit
from the sidelines but as an informed citizen, is that we could use more people who value
that middle ground. It also requires transparency in deliberation and a public awareness of
the issues facing us.
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Alan W. Robertson 3
3. Explain your understanding of the City of Tybee Island’s Land Development Code.
The Land Development Code codifies “the regulations and zoning districts for the purpose
of promoting the public health, safety, morals, general welfare, convenience and prosperity
of the citizens of the city. The regulations and arrangements of districts have been designed
to lessen congestion in the streets, to secure safety from fire, to provide adequate light and
air, to prevent the overcrowding of land, to avoid undue concentration of population, to
facilitate the adequate provision of water, sewer, schools, parks and other public
requirements and to encourage the most appropriate use of land throughout the city.”
(Section 1-030)
In sum, the Land Development Code provides the rules by which land is used and
developed, providing for zones of different types of use, i.e. R-1 single family, R-T
residential tourism, C-1 beach business, C-2 highway business, MT maritime district. These
names alone suggest different types of buildings, density, occupancy, and use of buildings
given the different nature of their land and infrastructure use.
The Code is the “map”, often literally, of how the City is organized to make effective use of
limited resources and provides for a wide variety of land use.
4. Briefly explain a land use decision that interested you. Share your observations about the
process and the decision.
I was intrigued by the Commission decision (3-2) last year to recommend to the Council the
revisions to Article 7 of the Land Development Code – Tree Ordinance. I attended the
Commission meeting and have read the current Ordinance and the proposed
revisions. I use this as an example because it is current and because it has far reaching
implications for Tybee.
I appreciate the need for revision to clarify the rules and to strengthen the protection of our
natural vegetation. Much of the proposed revision does that effectively. What I find
interesting is the potential, given how broadly the ordinance is proposed, for the
Commission and ultimately the Council to find itself mediating conflicts between the
ordinance and other existing regulations, most notably Georgia Power requirements for
electrical lines and DNR restrictions on dune use. I would expect more data to have been
provided around those obvious conflicts before a decision was taken. I also would question
the need and the scope of responsibilities of the Tree Board. I wonder why another
deliberative board is required. Cannot the proposed ordinance be effectively administered by
existing bodies? The two dissenting Commissioners voted no much for these reasons, as
best I can determine given their comments and questions. I think more work could be done
to bring a more definitive ordinance before the Council, so that the Council can use its
limited time together most effectively. I expect there to be much debate on this at Council at
this point. I gathered there was frustration on all parties in the length of time the ordinance
had been in front of the Commission. I’m sure the issue of the length of time it takes to
review and make decisions frequently comes into play in the deliberative process.
Please do not take my example as representative of any particular view I have on the
ordinance itself. Rather, I find if of interest as an example of the Commission’s work and
the decision-making process in general.
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Alan W. Robertson 4
5. Where do you see the City of Tybee Island in ten (10) years?
While 10 years seems a long time, it actually is rather quick in terms of Tybee’s history and
its development plan (and admittedly perhaps my own age.) given that buildings take 6
months to 2 years to complete, and infrastructure improvements (water – think deep well, power - be it
electric or wind, road construction – how long has Route 80 improvement been debated when the need is
so obvious) could take all of the 10 years.
In 10 years, I’d like to see Tybee with a modestly higher population, higher property values,
better transportation on and off the island, more and financially stronger local businesses,
the realization of our Master Plan - particularly in the beach commercial district (Tybrisa
and Pier area), a reputation nationally as a popular beach resort destination that is well managed,
family-friendly, safe, with clean beaches, a healthy environment, manageable
congestion during the summer, popular restaurants and businesses, and easy access to and
from Savannah.
I’d like to live in a community that is less contentious than it seems today around these
issues, despite the fact that my description contains inherent contradictions (popular and yet
manageable congestion?). It is the inherent contradictions that we must manage, through
Planning Commission to City Council, if we are to realize our potential and improve our
quality of life.
6. In your own words, please give your personal opinion as to the meaning of “conflict of
interest.”
Serving on the Planning Commission means that I must exercise my duties in the public’s
interest over my own personal interest. It is typically a situation where one’s impartiality in
making a decision may be questioned. The standard with which I am familiar, having served
on several corporate and not-for-profit Boards, is one of perceived conflict as well as actual.
It is why petitioners to the Planning Commission must disclose certain financial
arrangements with city officials. Because the Planning Commission has such a broad scope
of responsibilities, it is imperative that Commissioners disclose their interests and disqualify
themselves from deliberating on those issues that directly affect their personal interests,
much as a judge may recuse him or herself from hearing a case with which they have direct
familiarity.
7. What would you consider to be the biggest accomplishment that the Planning
Commission has made over the last five (5) years?
In reviewing the minutes of the Planning Commission over the past five years, I am struck
more by the consistent application of the Land Development Code and its zoning provisions
through more than one hundred cases than any one significant accomplishment. It is difficult
to consistently apply the Code across so many instances (usually variance proposals, many
after the fact), over so many years, much less the fact that the composition of the
Commission changed over that time period, with Commissioners coming and going.
Perhaps the biggest accomplishment is that they have upheld the Code where needed and
revised the Code where needed.
Many of the issues that have come before the Commission remain before it or before
Council, including Historic Preservation, Lighting Standards, Shore Protection, Tree
Ordinance, Short-term Rental, and I’m sure others. During this period of time, the
Commission also heard proposals for Wind Generation, Amusement Park, Wedding Chapel,
and a host of other proposals.
Often the best work done by deliberative bodies such as the Planning Commission is the day
in and day out tedious work of consistently applying the Code to different situations with
often contentious, emotionally charged issues.
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Alan W. Robertson 5
8. If you could change one thing about the Planning Commission, what would that be?
Please explain the benefits that would come about as a result of the proposed change.
I would work with the other Commissioners, the City Manager and staff, the Mayor and
City Council to devise ways to have broader public participation in the Planning process,
through better public awareness, more education around the role of the Commission, the
City’s Master Plan, the strategic issues before us, and the rationale for those decisions that
have the most impact on the City (i.e. road improvements, beach replenishment, water and
power improvements, parking improvements, rental regulations) – those issues that affect
the most people or most directly affect the City’s budget.
I believe broadening the number of people who are aware and informed of the issues before
the Commission would provide a stronger basis for consensus building and perhaps improve
the tone we use in debate. Helping the populace see the issues, understand the trade-offs,
and appreciate the rationale behind the Commission’s and ultimately the City Council’s
decisions would go a long way in building confidence in our local government and in our
officials.
Signature __________________________________ Today’s Date November 18, 2016
Printed Name Alan W. Robertson
Address PO Box 1417
Tybee Island, GA 31328
Telephone: 847-525-5040
Email mkawrobertson@gmail.com
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Alan W. Robertson 6
ALAN
W.
ROBERTSON
PO
Box
1417,
Tybee
Island,
GA
31328
847-‐525-‐5040
•
mkawrobertson@gmail.com
PROFILE
Financial
Services
executive
with
an
exceptional
record
of
success
across
restructurings,
turnarounds,
and
growth
situations.
! Consistently
raises
team
performance
and
morale
by
setting
clear
performance
standards,
establishing
accountability,
and
inspiring
groups
around
common
goals.
! Combines
insight
into
industry
trends
with
a
realistic
assessment
of
an
organization’s
strengths
and
weaknesses
to
develop
strategic
plans.
! Provides
effective
corporate
governance
through
experience
working
with,
and
as
a
member
of,
boards
of
directors.
PROFESSIONAL
EXPERIENCE
Northern
Trust
Company,
Chicago,
IL
1999
–
2014
Northern
Trust
is
a
leading
provider
of
asset
management,
fiduciary,
banking,
asset
servicing,
and
fund
administration
solutions
for
individuals,
families,
corporations,
and
institutions
worldwide.
EVP
AND
GLOBAL
HEAD
OF
SALES
AND
SERVICE,
NORTHERN
TRUST
ASSET
MANAGEMENT
(2010
–
2014)
Head
of
global
sales,
service,
and
marketing
for
asset
management
business
unit
with
$860
billion
in
assets
under
management,
including
$110-‐billion
mutual
fund
complex.
Managed
staff
of
230.
Member,
Operating
Group,
Northern
Trust
Corporation.
Audit
Committee
and
Board
Member,
Northern
Trust
Investment,
N.A.
! Reorganized
sales
function,
instituting
clear
standards
and
accountability.
o Expanded
production
per
salesperson
from
$1
million
in
2010
to
$2.5
million
in
2013.
o Improved
cross-‐selling,
increasing
the
average
product
per
institutional
client
from
1
to
1.5.
! Improved
employee
satisfaction,
significantly
exceeding
corporate
average.
! Turned
around
outsourced
chief
investment
officer
business.
o Installed
new
management,
refashioned
value
proposition,
and
enhanced
go-‐to-‐market
approach.
o Recaptured
market
share
and
exceeded
the
industry’s
growth
by
25%,
year-‐over-‐year,
in
the
first
half
of
2014.
CEO
AND
PRESIDENT,
NORTHERN
TRUST
GLOBAL
ADVISORS
(2007
–
2010)
Led
$40
billion
AUM
manager
of
manager’s
subsidiary,
responsible
for
manager
research,
program
management,
sales,
and
service.
Managed
staff
of
100.
Chaired
Investment
Committee.
Chaired
five-‐
person,
independent
Board
of
Directors.
! Transformed
the
culture,
creating
a
collaborative
team
environment
that
was
more
productive
and
more
enjoyable.
! Outperformed
the
hedge
fund
index
through
the
financial
crisis
of
2008,
with
no
client
defections.
! Realized
net
inflows
to
the
mutual
funds
throughout
the
financial
crisis.
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Alan W. Robertson 7
SVP
AND
GROUP
HEAD,
WEALTH
ADVISORY,
PERSONAL
FINANCIAL
SERVICES
(2004
–
2007)
Built
and
managed
open-‐architecture
platform
for
ultra-‐high-‐net-‐worth
segment
(over
$25
million).
! Created
new
business
segment
for
ultra-‐high-‐net-‐worth
asset
management.
! Recruited
team
and
established
a
process
sensitive
to
the
distinct
needs
of
the
market.
! Built
business
from
$580
million
AUM
to
$5
billion
AUM
and
$20
million
annualized
revenue.
SVP
AND
MANAGING
DIRECTOR,
PRODUCT
MANAGEMENT,
NORTHERN
TRUST
GLOBAL
INVESTMENTS
(1999
–
2004)
Developed
product
management
function
and
built
investment
capabilities.
! Built
AUM
from
approximately
$290
billion
to
$570
billion
over
five
years.
! Expanded
from
a
limited-‐service
business
with
cash,
fixed
income,
and
some
index
capabilities
to
a
full
suite
of
capabilities
through
acquisition
and
internal
build.
Eager
&
Associates,
Louisville,
KY
1995
–
1999
Leading
management
consulting
firm
specializing
in
the
asset
management
business.
Acquired
by
Mercer
in
1998.
PRINCIPAL
AND
SENIOR
CONSULTANT
Worked
with
investment
management
firms
in
the
U.S.,
Europe,
and
Asia,
principally
around
business
development,
product
development,
and
strategy.
! Worked
with
offshore
banking
institutions
to
develop
a
strategy
and
implementation
plan
to
enter
the
U.S.
market.
! Landed
the
firm’s
largest
global
client
assignments.
Providian
Corp.,
Louisville,
KY
1994
–
1995
DIRECTOR,
INSTITUTIONAL
INVESTMENTS
Recruited
to
build
institutional
money
management
business
for
a
$29-‐billion
insurance
company
acquired
by
Aegon
in
1996.
Aetna
Insurance
Company,
Hong
Kong
1982
–
1993
Held
a
variety
of
positions,
including
Investment
Officer,
Director
–
Corporate
Finance,
Director
–
Investment
Sales,
and
Managing
Director
–
Hong
Kong,
for
this
global
financial
services
company,
which
was
one
of
the
five
largest
U.S.
insurers
at
the
time.
EDUCATION
The
Darden
School
of
Business
Administration,
University
of
Virginia,
Charlottesville,
VA
Master
of
Business
Administration
Eisenhower
College,
Seneca
Falls,
NY
Bachelor
of
Arts,
International
Relations
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Alan W. Robertson 8
LAND DEVELOPMENT CODE
ARTICLE 11. PLANNING COMMISSION
Sec. 11-010. Creation and purposes.
There is created a planning commission for the purpose of promoting the health, safety, morals, convenience, order,
prosperity and general welfare, and to provide for the orderly development of the city.
Sec. 11-020. Name.
The name of the planning commission shall be "The Tybee Island Municipal Planning Commission" herein referred
to as the "planning commission".
Sec. 11-030. Membership.
The planning commission shall consist of seven (7) members who shall be residents within the city limits of Tybee
Island, appointed by the governing body, with a chair voting only in the event of a tie.
Sec. 11-040. Terms of office.
Members of the planning commission shall be appointed by the mayor and council for two year staggered terms of
office.
Sec. 11-050. Filling vacancies.
A vacancy in the membership of the planning commission shall be filled in the same manner as an original
appointment.
Sec. 11-060. Removal of members.
The mayor and council may remove any member of the planning commission for cause after written notice at any
regularly scheduled city council meeting. A recommendation for removal from office can be requested by a
concurrence of four members of planning commission and the chair of the planning commission for violation of the
attendance requirements as set forth in the rules of procedure as adopted by the Tybee Island Planning Commission.
Sec. 11-070. Compensation.
Compensation, if any, to any member of the planning commission shall be determined by the mayor and council.
Sec. 11-080. Chair and vice-chair.
The planning commission shall elect one of its appointed members to serve as chair, and another as vice-chair. They
shall serve for a period of one year, or until successors are elected.
Sec. 11-090. Secretary.
The secretary to the planning commission shall be the zoning administrator. In his or her absence, the planning
commission may appoint an employee of the city or a member of the planning commission.
Sec. 11-100. Meetings.
(A) The planning commission shall meet in a regular session each month no later than sixteen days prior to the first
scheduled city council meeting of the following month at city hall at 7:00 p.m. Special meetings may be held as
deemed necessary by the chair or a majority of the members or at the request of the mayor or council with 48 hours
notice to said members.
(B) The planning commission shall conduct its business under rules approved by the mayor and council. It shall
keep a record of its proceedings which shall be a public record.
Sec. 11-110. Duties.
The planning commission shall perform all of the following duties:
(A) Duties and responsibilities assigned by the mayor and council.
(B) Make formal recommendations to the city council on all petitions for variances from the city's technical codes.
(C) Make formal recommendations to the city council on all petitions and the meeting of ordinance requirements
for zoning map amendments, subdivisions, and/or amendments to the text of this Land Development Code,
specifically including but not limited to special assignments requested by the governing body, the city code
enforcement department, city engineers.
(D) Land use planning. The planning commission shall make careful surveys and studies periodically in order to
update the city's master plan and Land Development Codes. Consideration shall be given to existing conditions,
probable future development, and the promotion of public health, safety, prosperity, economics development,
efficiency and the general welfare as evidenced by the quality of life in the community.
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Alan W. Robertson 9
RULES OF PROCEDURE
PLANNING COMMISSION
1. GENERAL – The City of Tybee Island Planning Commission shall be governed by terms of the Georgia
General Planning and Enabling Act of 1957, as amended, and other special state laws, related to city planning.
2. MEMBERS, OFFICERS AND DUTIES OF SAME – The Planning Commission shall consist of seven (7)
members appointed by the Mayor and Council of the City of Tybee Island. Appointments shall be made at the
first scheduled City Council meeting in January. The terms of office for members of the Planning Commission
shall be two (2) year staggered terms.
A. CHAIR – The term of office shall be for a period of one (1) year with the election taking place at the first
meeting after the appointments are made by Mayor and Council. The Chair will be allowed to vote only in
the event of a tie vote. The Chair shall decide all points of order and procedure using Robert’s Rules of
Order. The Chair may appoint one or more members to investigate and report on matters which shall come
before the Planning Commission.
B. VICE-CHAIR – A Vice-Chair shall be elected from the members of the Planning Commission. The term of
office shall be for one (1) year, with election taking place at the first meeting after the appointments are
made by Mayor and Council. The Vice-Chair shall act as Chair in the absence of the Chair.
C. SECRETARY – The Secretary to the Planning Commission shall be the Zoning Administrator or his/her
designee.
3. REGULAR MEETINGS OF THE PLANNING COMMISSION – Regular meetings of the Planning
Commission shall be held no later than sixteen (16) days prior to the regularly scheduled City Council meeting
on Tuesday evenings at 7:00 p.m. at City Hall. Planning Commission packets, prepared by the Zoning
Administrator, will be available for pickup by the members of the Planning Commission on the Friday one
week preceding the Planning Commission meeting. Any packets not picked up will be distributed at the
Planning Commission meeting.
In the event that a Planning Commission meeting falls on a holiday or election night, the meeting will be held
the prior Monday evening at the same time.
SPECIAL MEETINGS – Special meetings of the Planning Commission may be called at any time deemed
necessary by the Chair, or a majority of the members, or at the request of Mayor and Council, provided
however, that 48 hours notice of time and location of such meeting shall be given to each member. The 48 hour
notice requirement may be waived by an action of not less than four (4) members of the Planning Commission.
Said notice of the special meeting shall be posted at City Hall, stating the place, time and purpose of the special
meeting and no other business may be conducted other than that which is posted.
4. REQUESTS FOR ZONING ACTIONS – It shall be the responsibility of the applicant to complete and submit
an application form and required documentation to the Zoning Administrator in writing by the first day of the
month prior to the next Planning Commission meeting. Failure of the applicant to supply complete
documentation and meet the requirements of the ordinances will result in the application being rejected and not
considered. Applicant will initial on the application form each requirement as stated. If the first day of the
month falls on a Saturday, Sunday or holiday, the cutoff date shall be the first working day after. It shall be the
responsibility of the petitioner to supply sufficient information to the Planning Commission and supporting
documentation for the Commission to make a fair and reasonable decision. The petitioner has the right to
present further documentation at the Planning Commission meeting to substantiate his request.
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Alan W. Robertson 10
5. COPIES OF PLATS AND/OR DRAWINGS – If the plats or drawings are larger in size than 11 inches, the
applicant will supply a minimum of thirteen (13) copies.
6. PUBLIC HEARINGS – All requests for action by the Tybee Island Planning Commission are governed by the
Zoning Procedures Act. The request for zoning action shall be advertised in the Savannah Morning News at
least 15 days but not more than 45 days prior to the Public Hearing before Mayor and Council. A sign shall be
posted on the property stating the action requested, current zoning if a zoning change is requested, and date,
time and place of all hearings. Adjacent property owners shall be notified when possible. Failure to receive
notice shall not affect the validity of any zoning action. This procedure is a supplement to the legally required
notification process.
7. ORDER OF BUSINESS – All meetings shall be open to the public and governed by the Sunshine Laws of the
State of Georgia. Robert’s Rules of Order shall govern the meetings. The order of business for regular meetings
of the Tybee Island Planning Commission shall be:
A. Call to Order
B. Roll Call
C. Approval of Minutes
D. Disclosures
E. Visitors
F. Old Business
G. New Business
H. Announcements
I. Adjournment
The proposed zoning action will be read by the Chair. A written report will be submitted by the Zoning
Administrator outlining the petition, variance requested and compliance. The Zoning Administrator shall
present the petition and answer any questions asked by the Planning Commission. Members of the Planning
Commission may question the petitioner following the presentation by the Zoning Administrator. The
committee shall be empowered to request of the applicants for action by the Commission any additional
information that they may need for their reports. The Chair will then ask for public input. The petitioner shall be
allowed up to ten (10) minutes to address the zoning decision under consideration. This time limit can be
waived by a two-thirds vote of the members present prior to or at the time of the introduction of the proposed
zoning action. Each speaker shall speak only to the merits of the proposed action under consideration and shall
only address members of the Planning Commission. Each speaker and/or member of the Planning Commission
shall refrain from personal attacks on any other speaker, member of the Planning Commission, staff, or
petitioner. Each speaker shall further refrain from any discussion of facts or opinions not relevant to the
proposed zoning action under consideration. The Chair may limit or refuse a speaker the right to continue if the
speaker, after first being cautioned, continues to violate this section.
8. PERTINENCE – Any item before the Planning Commission relevant to matters of zoning, variances, appeals,
petitions, subdivisions, Master Plan implementations, and code changes shall not be voted upon without first
considering the pertinence of the matter with reference to the zoning map, Master Plan, Code of Ordinances,
and appropriate documents and plans. Commission members and all petitioners and other speakers shall remain
germane to the matter on hand, shall not engage in personalities or invectives, and shall not repeat unless so
requested.
9. REPORTS TO THE MAYOR AND COUNCIL – The Chair shall file with the Secretary no later than the
Thursday following the Tuesday regular meeting a Planning Commission determination sheet for each petition
heard during the Planning Commission meeting. These sheets shall be prepared by the Zoning Administrator
and shall state the petitioner’s name, address, request, and the recommendation of the Planning Commission for
approval, denial, table for further information, or no action taken. The findings of fact shall reflect the vote by
Planning Commission on each petition. The Zoning Administrator shall attend City Council meetings to answer
any questions pertaining to the recommendations submitted. If the Zoning Administrator were unable to present
a petition at a City Council meeting, the Chair or his/her designee would present.
10. ATTENDANCE – A member who fails to attend two (2) consecutive regular meetings or four (4) regular
meetings of the Planning Commission in a one (1) year period, (February to last regular meeting of January)
without prior notice to the Secretary and/or Chair, shall either resign or become subject to a recommendation to
Mayor and Council for dismissal from the Planning Commission. The Chair, with the concurrence of three (3)
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Alan W. Robertson 11
members, may recommend to Mayor and Council that the vacancy be declared and that the vacant position be
filled by appointment.
11. QUORUM – A quorum shall consist of four (4) members. In the event that a quorum is not present at the
regular meeting, the members present may set a date and time for a special meeting to hear the petitions on the
agenda.
12. VOTING – Voting takes place on each petition. Majority vote decides the motion. If a member recuses from
voting, the reason for recusing shall be stated and become a part of the minutes. An abstention shall be counted
as an affirmative vote. The Chair shall only vote in the event of a tie vote. Votes shall be recorded and included
in the minutes.
13. CONFLICT OF INTEREST – If a member of the Planning Commission has a direct financial interest in the
property, owner, member of immediate family of petitioner, or a 10% interest in a business or corporation
requesting a change in zoning for a property, or receive any compensation for aiding the petitioner prepare or
document the petition, that member shall disclose same at any hearing before the petition is heard; and it shall
be deemed a conflict of interest and that member shall excuse himself/herself from all discussion and leave the
dais during such discussion.
14. FINANCIAL CAMPAIGN DISCLOSURE REQUIREMENTS – If a petition for rezoning a property is before
the Planning Commission, any member who has received campaign contributions or gifts in the previous two
(2) years from the petitioner or his attorney in the aggregate amount of $250.00 or more shall disclose in writing
said contributions.
15. ADVISORS – Any planning staff or other advisors to the Planning Commission upon request shall be
encouraged to advise all members regarding the technical aspects of matters for consideration before the
Commission. Staff shall also be available to the citizens to answer questions concerning items before the
Commission. The Chair may request that the Secretary or any ad hoc committees prepare any special reports
and publish same for the general public.
16. AMENDMENTS – These Rules of Procedure may be amended at any regular or special meeting of the
Planning Commission by a majority of affirmative votes of not less than four (4) members, provided that such
amendment(s) shall have been presented to all members in writing at least five (5) days prior to the meeting that
the vote is taken.
amended 12/03/2008
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City Council Agenda Item Request
Council Meeting Date for Request: September 22, 2016
Item: Meredith Lipton, CPA, Partner of Mauildin & Jenkins, LLC shall present the annual June 30, 2016
audited Financial Statements to the City Council.
Explanation:
Key financial highlights for fiscal year 2016 are as follows:
• The City’s total net position is $32,080,875, an increase of $411,314. Net position from governmental
activities and business type activities increased $248,979 and $162,335, respectively.
• The General fund reported fund balance of $8,107,278. This is an increase of $1,348,106 over the prior
year and represents 94% of current year expenditures.
• The City implemented GASB 68 in fiscal 2015 to more accurately reflect the impact of pension activity on
government wide activities. As a result, beginning net position for fiscal 2015 for governmental activities
decreased $1,148,310 and beginning net position for business type activities decreased $220,769.
• The general fund had favorable budget variances of $1,348,106.
Governmental Activities
• The total revenues for governmental activities decreased $4,773,135 or 26%. The largest decrease is for
capital grants and contributions which decreased $5,189,023 or 75% because prior year revenues included
a grant from the State of Georgia for $5.8 million for beach improvement projects. Charges for services,
which include parking service revenues’ increased $197,609 or 4.46% as tourism and the general economy
has improved. Other general revenues which include sales taxes and hotel motel taxes increased $356,980
or 7.14% as tourism continues to increase.
• Total governmental expenses have decreased by $1,572,820 or 10.56%. Public Safety expenses increased
by $426,926 or 14.57%, due to increases in personnel in the E911 department. Culture and Recreation
expenses decreased by $1,556,549 or 24.07% due to completion of the seven year beach re-nourishment
project financed with SPLOST and State Bond proceeds. Housing and community development expenses
decreased $363,701 or 29.35% because the prior year expenses including a capital expense for $424,000
that is not included in the fiscal year 2016 budget.
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Business-Type Activities
Net position for business type activities increased $162,335 or 1.3%. The Water and Sewer fund had a decrease
of ($124,757); the Rivers End RV Park fund contributed $288,687; and the Solid Waste fund had a decrease of
$1,595. Below is the analysis of each enterprise fund.
1. Water and Sewer Fund
Water and Sewer revenues remained consistent with the prior year. Operating expenses increased
$205,873 or 10.02% due to general increases in payroll and fringe benefit expenses, in addition to
increased repair and maintenance expense for equipment. There was a significant loss on the disposal
of capital assets related to the early replacement of meter reading equipment in 2015 and abandonment
of a lift station in 2016. Due to the decrease in operating income in 2016, there were no transfers to
other funds
2. Solid Waste Collection Fund
Solid Waste revenues increased $48,063 or 7.35% due to rate increases associated with hiring a new
garbage collection vendor in April of 2016. Operating expenses increased $53,421 or 8.22% primarily
due to a rate increase charged by the garbage collection vendor.
3. River’s End RV Park Fund
Operating revenues for the River’s End RV Park fund increased $203,743 or 14.94% due to a rate
increases and additional demand for camping services. Operating expenses have increased by
$190,962 or 22.31% to meet additional demand for service.
Paper Work: X___ Attached* Already Distributed
Submitted by: Fire Department
January 5, 2017 Date given to Clerk of Council
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MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
Wanda Doyle
Bill Garbett
Julie Livingston
John Major
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Diane Schleicher
CITY CLERK
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
City Council Agenda Item Request
Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM
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: 1/12/17
Category: Reports of Board
Item: Presentation: Historic Preservation (inc. Historic Resources Survey: Phase I update) by
Chantel Morton & Sarah Jones
Organization:
Explanation: Presentation attached. HRS: Phase I final report, with maps, is included with agenda items in
Laserfiche. Hardcopies of the report will be provided at the Council meeting.
Budget Line Item Number (if applicable):
Supporting Documentation: X Attached* _X____ Audio/Video Presentation**
* Electronic submissions are requested but not required. Please email to
jleviner@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: Chantel Morton, Development Authority / Main Street Executive Director
Phone / Email: 912-844-9771 / cmorton@cityoftybee.org
Date given to Clerk of Council 1/5/17
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Another useful tool for preserving
Tybee Island's history & character.20170112CityCouncilPacketAmendedPage 135 of 33520170106/jrl
PHASE I SURVEY AREA
•residential area at the south end of the island (AKA “the Point” )
•north up Butler Avenue to include the resort area east of Butler Avenue (AKA
“boarding house district”)
•northwest to include the Tybee Island Back River Historic District
•followed by the Venetian Terrace Subdivision (south of 12th Street, east of Second
Avenue, north-northwest of Chatham Avenue, and west of Venetian Drive)
•the remainder of the “South End” (south of 12th Street, main commercial area along
Butler Avenue between Tybrisa Street & 14th Street, and the Strand)
•followed by the Tybee Island Strand Cottages Historic District (Butler Avenue, 14th
Street, 12th Street, and the Strand)
•north along Butler Avenue (between 12th & 2nd Streets)
•concluding a few blocks north of Memorial Park. 20170112CityCouncilPacketAmendedPage 136 of 33520170106/jrl
PHASE I
600 historic resources were
documented that met the
survey criteria (40 years of age
or older and possessing a
qualifying degree of integrity)
with this phase alone! 20170112CityCouncilPacketAmendedPage 137 of 33520170106/jrl
This map
details the
2003 survey
resources.
This map
details the
2016 Phase I
resources.20170112CityCouncilPacketAmendedPage 138 of 33520170106/jrl
WHY DO WE NEED
HISTORIC RESOURCES SURVEYS?
•confirms what exists that identifies Tybee as unique along the coast at the local,
state, and national levels
•establishes a developmental context through 1965 for elected officials, the public,
and city staff to reference
•furthers the commitment to respect the founders of Tybee and what they started
•furthers the commitment to preserve what makes Tybee a desirable place to live,
do business, and visit
•adds to the toolbox of resources to strengthen preservation goals
•strengthens the foundation to build on preservation efforts
•provides a basis for pursuing tax credit projects
•provides support for designating additional historic districts for the
National Register and locally20170112CityCouncilPacketAmendedPage 139 of 33520170106/jrl
WHERE CAN WE LOOK AT THE
SURVEY?
•at www.cityoftybee.org
•http://www.cityoftybee.org/233/Preservation
-on-Tybee 20170112CityCouncilPacketAmendedPage 140 of 33520170106/jrl
AND…
•in the lobby @ City Hall
•at the Public Library20170112CityCouncilPacketAmendedPage 141 of 33520170106/jrl
TO COME…PHASE II
SURVEY AREA
•commercial areas along the length of Hwy 80
•includes areas that flank the corridor on
each side
•Fort Screven Historic District (AKA “North End” )
***
It is estimated that these sections contain
approximately 226 historic resources that meet the
survey criteria (40 years of age or older and
possessing a qualifying degree of integrity). 20170112CityCouncilPacketAmendedPage 142 of 33520170106/jrl
PHASE I + PHASE II
Over 800 historic resources
have been identified
that meet the survey criteria.
That is approximately 40% of
structures on the island! 20170112CityCouncilPacketAmendedPage 143 of 33520170106/jrl
PRESERVATION IN ACTION:20170112CityCouncilPacketAmendedPage 144 of 33520170106/jrl
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WHY DOES TYBEE ISLAND FOCUS ON
PRESERVATION?
-for the citizen’s sense of place
-for economic stability
-to remain quirky and one-of-a-kind
-to represent Georgia’s playground
“As Tybee Island continues to deal with the environmental
and development pressures of coastal communities, the
Island’s historic districts are a constant that draw people
to Tybee first to visit and then to invest and stay.”
Beyond Tourism -Historic Preservation in the Economy
and Life of Savannah and Chatham County –
PlaceEconomics20170112CityCouncilPacketAmendedPage 149 of 33520170106/jrl
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These surveys are part of Tybee’s foundation.
In conjunction with the Tybee Island 2007
Master Plan & the current Master Plan,
residents have expressed that preservation
of these resources is important.
The HPC continues to assist the city with
recommendations to put in place that
support what residents have expressed as
important, not just now, but for the future. 20170112CityCouncilPacketAmendedPage 153 of 33520170106/jrl
REVIEW OF PRESERVATION UPDATES:
July 2015 –Public Hearing: Local
Historic Districts
August 2015 –Resolutions approved
that confirmed support for
Historic Preservation with Local
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THE 3 PROPOSED LOCAL HISTORIC DISTRICTS
The Mid Island District
The Fort Screven District
The Resort District:
Back River Sub-District
Strand Sub-District
Downtown Sub-District
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REVIEW OF PRESERVATION UPDATES (CON’T.):
November 2015 –Historic Resources Survey: Phase I & Historic
Preservation Commission’s Local Historic District updates
presented at City Council meeting
March 2016 –Update re: Historic Preservation Commission’s
progress with Local Historic Resources & permit reviews
presented at City Council meeting
June 2016 –City Council approved grant agreement for Historic
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Historic Preservation Commission meets the
3rd Monday of every other month
@ 6pm @ City Hall.
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Diane Schleicher
Ron Bossick
Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR
Tina Gann George Shaw
John King
Charles Matlock CITY ATTORNEY
David McNaughton Edward M. Hughes
Planning Commission Meeting AGENDA December 19, 2016 – 7:00 p.m.
for City Council Meeting January 12, 2017 – 7:00 p.m.
A. Call to Order:
B. Consideration of Minutes:
1. Meeting of November 14, 2016
C. Disclosures/Recusal: D. Old Business:
E. New Business:
1. Minor Subdivision: 1113 Venetian Drive – combine 3 Lots and Subdivide into 2 Lots.
Christopher & Melissa Freeman – Zone R-2 - PIN 4-0012-01-001
2. Text Amendment: To Sec. 3-090 Schedule of Development Regulations to address height limitations.
Adjournment:
Lisa L. Schaaf
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MAYOR Jason Buelterman
CITY COUNCIL Barry Brown, Mayor Pro Tem Wanda Doyle Bill Garbett
Julie Livingston John Major
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER Diane Schleicher CLERK OF COUNCIL Janet LeViner
CITY ATTORNEY Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 01/12/2017
Item: MINOR SUBDIVISION CHRIS AND MELISSA FREEMAN-R2 PIN 4-0012-01-001
Explanation: COMBINE 3 LOTS AND SUBDIVIDE INTO 2 LOTS. 1113 VENETIAN DRIVE
Paper Work: YES Attached
Audio/Video Presentation*
• If applicable, a copy of the presentation / report must be submitted with this agenda request.
• If applicable, audio / video presentations must be submitted to the IT department at City Hall at least
48 hours prior to the meeting.
• Request will be postponed if necessary information is not provided.
Submitted by: LISA L. SCHAAF
Phone / Email: LSCHAAF@CITYOFTYBEE.ORG
Date given to Clerk of Council: 12/22/2016 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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MAYOR Jason Buelterman
CITY COUNCIL Barry Brown, Mayor Pro Tem Wanda Doyle Bill Garbett
Julie Livingston John Major
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER Diane Schleicher CLERK OF COUNCIL Janet LeViner
CITY ATTORNEY Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 01/12/2017
Item: TEXT AMENDMENT
Explanation: TO SEC. 3-090 SCHEDULE OF DEVELOPMENT REGULATIONS TO ADDRESS HEIGHT
LIMITATIONS.
Paper Work: YES Attached
Audio/Video Presentation*
• If applicable, a copy of the presentation / report must be submitted with this agenda request. • If applicable, audio / video presentations must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. • Request will be postponed if necessary information is not provided.
Submitted by: LISA L. SCHAAF
Phone / Email: LSCHAAF@CITYOFTYBEE.ORG
Date given to Clerk of Council: 12/22/2016 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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PLANNING COMMISSION CITY MANAGER
Demery Bishop Diane Schleicher
Ron Bossick
Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR
Tina Gann George Shaw
John King
Charles Matlock CITY ATTORNEY
David McNaughton Edward M. Hughes
Planning Commission Meeting MINUTES December 19, 2016 – 7:00 p.m.
Chair Bishop called the December 19, 2016 Tybee Island Planning Commission meeting to order. Commissioners
present were: Demery Bishop, Ron Bossick, Marianne Bramble, David McNaughton, Charles Matlock
and John King. Commissioner Tina Gann was absent.
Consideration of Minutes: Chair Bishop asked for consideration of November 14, 2016 meeting minutes. Commissioner Bramble made a motion to approve and Commissioner Bossick seconded, the vote to approve was unanimous. Disclosures/Recusal: Chair Bishop asked if there were any disclosures or recusals, there were none.
Old Business: Chair Bishop asked if there were any old Business, there were none.
New Business:
Minor Subdivision: 1113 Venetian Drive – combine 3 Lots and Subdivide into 2 Lots.
Christopher & Melissa Freeman – Zone R-2 - PIN 4-0012-01-001.
Mr. Shaw stated that this item has been before most of you around two years ago. The Applicants would like to
take a parcel that was originally three small lots and is now one lot, their house is on one lot and a portion of another lot and they would like to take the third lot and sell it. The reason they did not do the recording the last time prior was for financial issues and that one has now expired, that is why they are before you now. This is an R-2 district the proposed lot size is sufficient for that. The one snag is that the lot being created is only 55’ of road
frontage and our new subdivision regulations require a 60’ road frontage, it has enough square footage and
enough buildable high ground. The Freemans purposely want this lot slightly smaller so there would only be
enough room for a single family home as opposed to a duplex. Mr. Shaw showed the Planning Commission a
slide show of the property and the three lots were originally platted with less than 60’, before our current
subdivision regulations. Commissioner McNaughton asked if this a variance request because of the 55’ or is it
just implied, considering future cases. Mr. Shaw stated that it did not have a variance request on the prior
application so he did not see the need for it this time. Mr. Shaw also stated he will ask the city attorney to be
sure. Commissioner Matlock stated that this appears to him that they are asking for a variance. They also
talked about putting a restriction on the deed, is that a practical thing to do? Mr. Shaw stated that is a legal
question that he cannot answer. Chair Bishop stated that the variance request was answered in the minutes of
the prior meeting as variance being implied as well. Mr. Freeman approached the Commission and stated his name and that he lives at 1113 Venetian Drive and he would be happy to answer any questions and he also feels that a 55’ lot frontage on that part of the island is more than sufficient. Commissioner Bramble asked Mr. Freeman if he has a potential sale for this property now. Mr. Freeman stated that they do not have anything on
it now but will need to sell this piece off because of having to fix up the older house they live in. Commissioner
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McNaughton made a motion to approve and Commissioner Bramble seconded, the vote to approve was
unanimous.
Text Amendment: To Sec. 3-090 Schedule of Development Regulations to address height
limitations.
Mr. Shaw stated that this that there are a number of Military Batteries along the beach front and some of
them are privately owned or publicly owned. In the past there has been issues determining what is the appropriate way average an adjacent grade next to an existing battery. In a couple cases recently the applicants used the sand dunes abutting the beach side of their battery as part of the calculation of average adjacent grade and both his self and the City Attorney felt that was a stretch of how it should be done because
the sand dunes would not be there if the structure was not already there and the sand dunes don’t always stay
where they are as opposed to the ground on the rest of the Island. So this ordinance is here to make it easier
for staff and fair for everyone involved. Commissioner Matlock asked if this applies to new construction also. Mr. Shaw answered new construction atop an existing battery and yes city wide. Commissioner McNaughton stated to him this is for any construction of the Island. Chair Bishop stated that is some cases
this would make some higher, this should be looked at further. Commissioner McNaughton asked why it
says in paragraph A from the higher of those two options instead of the lower. Mr. Shaw stated that some are
a lot lower than others. Mr. Shaw stated we can get more clarity of this and bring it back if that would be
better. Commissioner Bossick stated foundation is and inappropriate word to use, if a slab exists already this
would make a structure higher. Commissioner Bramble made a motion to continue with more clarity and
seconded by Commissioner McNaughton, the vote was unanimous. Adjournment: Commissioner Bramble made the motion to adjourn and Commissioner Matlock seconded, meeting adjourned at 7:48.
Lisa L. Schaaf
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STATE OF GEORGIA )
COUNTY OF CHATHAM )
INTERGOVERNMENTAL HOLD HARMLESS AGREEMENT
WHEREAS, the City of Tybee Island, Georgia (hereinafter the “City”), is a
duly authorized and existing municipality within the State of Georgia; and
WHEREAS, the City has been granted conditional approval of Private
Property Debris Removal (hereinafter “PPDR”) by the Federal Emergency
Management Agency through the Georgia Emergency Management Agency and
Homeland Security Agency; and
WHEREAS, the City wishes to continue to receive public assistance grant
funding for reimbursement of debris removal from private drives and, as a
condition thereof, must agree to indemnify and hold the United States government
and its employees, agents and contractors free from any claims arising from the
removal of debris from private property; and
WHEREAS, the City, in consideration for the conditional approval of the
removal of debris from private property and the reimbursement of costs incurred in
connection therewith, wishes to indemnify, to the extent required, the United States
Government including, but not limited to, the Federal Emergency Management
Agency, as well as the Georgia Emergency Management and Homeland Security
Agency from any claims arising out of the work associated with the removal of
debris from private drives and rights of way within the approved communities.
NOW, THEREFORE, it is hereby agreed by the Mayor and Council in open
meeting duly assembled that the City hereby agrees to indemnify and hold
harmless the Federal Emergency Management Agency, the United States
government and the Georgia Emergency Management and Homeland Security
Agency, their agents, employees and contractors from any claims or demands
arising from the debris removal and/or the monitoring of the removal of such
debris from and within the rights of way of private roads or streets within the City
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1696388.1
and within the communities approved by FEMA under the Public Assistance
Program.
It is further agreed that a copy of this Agreement providing for the
indemnification and protection from liability of the United States Government and
the State of Georgia and the Georgia Emergency Management and Homeland
Security Agency, their employees, agents and contractors shall be provided to the
representatives of such agencies as provided by law.
THIS ____ day of ________________________________, 20___.
CITY OF TYBEE ISLAND, GEORGIA
By: ________________________________
Jason Buelterman, Mayor
ATTEST: ___________________________
Clerk of Council
APPROVED AS TO FORM:
___________________________
Edward M. Hughes, City Attorney
572/1034 IG Hold Harmless Agr
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City Council Agenda Item Request
Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM 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: 1-12-2017
Item: Bid #2016 – 691 Repairs to Gymnasium Building
Explanation: Repairs to Gymnasium –
Clean AC vents / duct work, Check for Mold and abate, Seal West end gable vent on roof , Remove insulation and replace with spray foam insulation in basketball arena ,Remove and replace damaged ceiling tiles in Gym
offices, kitchen and bathrooms , Identify and repair source of water leaks on roof of Gym , Remove and replace
damaged ceiling tiles in YMCA fitness center.
Budget Line Item Number (if applicable): 100-00-11-1999
Paper Work: X Attached*
______ Audio/Video Presentation**
* Electronic submissions are requested by not required. Please email to jleviner@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.
NOTE: Request will be postponed if necessary information is not provided.
Submitted by: Jimmy Brown
Phone / Email: 912-472-5062 jcbrown@cityoftybee.org
Comments:
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MAYOR Jason Buelterman
CITY COUNCIL Wanda Doyle, Mayor Pro Tem Barry Brown
Bill Garbett Julie Livingston
John Major Monty Parks
CITY MANAGER Diane Schleicher
CITY CLERK Janet LeViner
CITY ATTORNEY Edward M. Hughes
ITB #2016-691
CITY OF TYBEE ISLAND
TYBEE ISLAND, GEORGIA
IS ISSUING THIS INVITATION TO BID FOR THE FOLLOWING DESCRIBED HEREIN:
REPAIRS TO GYMNASIUM BUILDING
The City of Tybee Island is requesting bids for Repairs to the gymnasium building caused by Hurricane
Matthew. Bidders shall offer services and materials which may be upgraded with optional services and materials which may not be purchased at time of bid award. Bidder shall specify in the bid the delivery
schedule for the products and services from time of notification of award of bid.
THERE WILL BE A MANDATORY PREBID MEETING AT THE TYBEE ISLAND GYMNASIUM, 202 5TH ST ON DECEMBER 21, 2016 AT 10:00AM
BIDS ARE TO BE RETURNED NO LATER THAN: JANUARY 3, 2017 AT 10:00AM BIDS WILL BE OPENED AT THAT TIME - ALL RESPONDENTS ARE INVITED TO ATTEND.
The City is seeking a total bid package for service/materials equal to or exceeding specifications set forth on
the attached pages. Those not meeting these standards will be rejected. The attached material specifications become and remain a part of this request for bid
All responses, inquiries, or correspondence relating to, or in reference to, this request for bids, and all reports, charts, displays, schedules, exhibits and other documentation by the bidders shall become the property of the City when received. The City retains the right to use any or all ideas presented in any bid to
the invitation to bid, whether amended or not. Selection or rejection of the bid does not affect this right. Mail bid to: BID NUMBER 2016-691 Gymnasium Repairs
MELISSA FREEMAN
403 BUTLER AVE PO BOX 2749 TYBEE ISLAND, GA. 31328
Inquiries or other need for clarification in this document should be submitted no later than
December 28, 2016. Questions to: Jimmy Brown 912-472-5062
Email: jbrown@cityoftybee.org
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METHOD OF AWARD: Contracts shall be awarded to the lowest, responsive, and responsible bidder.
Bidders must respond completely by filling in all applicable blanks. Bids are subject to the terms and
conditions of this invitation to bid.
Signature of bidder indicates that bidder understands and will comply with attached terms and conditions
and all other specifications made a part of this invitation for bid and any subsequent award or contract. All terms, conditions and representations made in this invitation will become an integral part of the contract.
Nothing contained within this ITB is indicative of intent by the City of Tybee Island to reimburse
the bidder, in whole or in part, for any costs associated with preparation, submission, or presentation of bids.
WAIVER: The City of Tybee Island reserves the right to reject any or all bids received. The City reserves
the right to waive any variances from original bid specifications in cases where the variances are considered to be in the best interest of the City.
CONE OF SILENCE: Lobbying of Procurement Evaluation Committee members, City
employees, and elected officials regarding this product or service solicitation, Invitation to Bid
(ITB) or Request for Proposal (RFP) or contract by any member of a proposer’s staff, or those
people employed by any legal entity affiliated with an organization that is responding to the
solicitation is strictly prohibited. Negative campaigning through the mass media about the current service delivery is strictly prohibited. Such actions may cause your proposal to be rejected.
Specifications and Bid Requirements
Repairs to the Tybee Island Gymnasium at 202 5th Ave, Tybee Island, Ga to include the following:
• Clean AC vents/duct work
• Check for mold and abate
• Seal West end gable vent on roof
• Remove insulation and replace with spray foam insulation in basketball arena
• Remove and replace damaged ceiling tiles in Gym offices, kitchen, and bathrooms
• Identify and repair source of water leaks on roof of Gym
• Remove and replace damaged ceiling tiles in YMCA fitness center (204 C 5th Street)
Estimate to include materials, labor and removal of all damaged items. An original, 2 duplicates, and 1 electronic copy must be submitted in a sealed opaque envelope,
plainly marked with the RFP number and title, date and time of RFP opening, and company name
to the office of the above address prior to the time specified. Include the bid sheet, W-9, vendor application, affidavit verifying status, and contractor affidavit which can be found at the end of this request.
City/County Occupation Tax Certificate Requirement:
Contractor must supply a copy of their Occupational Tax Certificate as proof of payment of the occupational tax
where their office is located. In addition, contractors are required to obtain an occupation tax certificate from the City
of Tybee Island for a fee of $20, if contractor’s office is not located on Tybee Island. Please contact Sharon Shaver for
additional information at 912-472-5072 or in person at Tybee Island City Hall 403 Butler Ave, Tybee Island, Ga
Limitations
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A. This Invitation does not commit the City to the award of a contract or to pay any
costs incurred in the preparation for a response to this ITB.
B. The City may or may not require the prospective bidder to participate in negotiations and to submit additional technical information or other revisions to
their bid as may result from the negotiations.
C. The City reserves the right to reject any or all bids, to waive informalities, to
request additional information, and to award a contract deemed most advantageous for the City.
City of Tybee Island TERMS AND CONDITIONS DEFINITIONS. As used herein, the following terms shall have the meanings set forth below,
whether or not capitalized.
(a) “Purchase Order” or “Order” means this purchase order. (b) “Buyer” means The City of Tybee Island.
(c) “Seller” or “Vendor” means the party furnishing the supplies under this order.
(d) “Supplies” means what the Seller furnishes the Buyer under this order and includes with
limitation, the following; (1) the work; materials; articles; deliverable items, items, data
and services, whether tangible or intangible or any combination thereof; and (2) what is leased or licensed, pursuant to the lease(s) or license(s) signed by both the Buyer and the
lessor or licensor if attached to and made a part of this order.
(e) “Loss” means any or all the following: claims, liabilities, damages, losses, costs, or
expenses (including reasonable attorneys’ fees and expenses and other legal costs).
ACCEPTANCE. This order constitutes an offer which shall become a binding contract upon the
terms and conditions herein set forth upon acceptance by Seller either by acknowledgement of this
order or commencement of performance. Buyer objects to any difference, conflicting or additional
terms proposed by Seller in the acceptance of this order, and no such terms shall be effective
unless expressly accepted by Buyer in writing. Each shipment received by Buyer from Seller shall be deemed to be only upon the terms and conditions contained in this order, except by such written
instrument modifying the order, signed by Buyer, notwithstanding any terms and conditions that
may be contained in any acknowledgment, invoice, or other form issued by Seller and
notwithstanding Buyer’s act of accepting or paying for any shipment, or similar act by Buyer.
PRICES. Seller represents that the prices, terms, warranties, and benefits contained in this order
are comparable to or better than those offered to any other customer of Seller for items which are
the same or substantially similar. Buyer shall receive the benefit prospectively or retrospectively if
Seller offers any item or service included in this order to any other customer at a lower price, more
favorable terms, more favorable warranties, or more favorable benefits up to one year after completion of this order.
DELIVERY. Any delivery schedule made a part of this order is an important, material condition;
time is of the essence of the order. Unless otherwise agreed to in writing. Seller shall not make
material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet Buyer’s delivery schedule. It is Seller’s responsibility to comply with this
schedule, but not to anticipate Buyer’s requirements. In addition to any other rights or remedies,
Buyer may cancel all or any part of this order for Seller’s failure to deliver in strict accordance
with the delivery terms set forth herein. Seller shall promptly notify Buyer of any anticipated delay
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in the delivery date and Buyer may require Seller to ship by alternate means in order to expedite
delivery. Any additional costs shall be paid by Seller and Seller shall be liable for all resulting
damages to Buyer occasioned by the delay. Delivery shall not be deemed to be complete until the
items have been received and accepted by Buyer. Advance and excess shipments may at Buyer’s option be rejected and returned to Seller at Seller’s expense.
TRANSPORTATION. Except as otherwise provided on the face of this order, transportation
charges on Supplies shall be f.o.b. destination, at Seller’s sole cost and expense. Risk of loss from
any casualty to supplies ordered hereunder, regardless of cause, shall be Seller’s responsibility until goods have been delivered to Buyer’s designated delivery post. No insurance or premium
transportation costs beyond the price listed in this order will be allowed unless authorized by
Buyer in writing. If Seller does not comply with Buyer’s delivery schedule, Buyer may, in addition
to any other rights that Buyer may have under this order, require delivery by fastest way, and
charges resulting from the premium transportation must be fully prepaid and absorbed by Seller.
WARRANTY. Seller warrants that all supplies delivered pursuant to this order shall strictly
conform to the applicable specifications (including without limitation information or functional
performance, material content, size, appearance, response time, etc.), shall be free from all defects
and workmanship in materials including latent defects, shall be free from defects in design and suitable for their intended purpose, and shall be free from all claims, encumbrances, and liens. This
warranty shall survive inspection, delivery and payments shall run to Buyer, its successors, assigns
and the users of the items and shall not be deemed to be exclusive. Seller agrees to indemnify,
defend and hold Buyer, Buyer’s employees, and those for whom Buyer may act as agent, harmless
from all damages, including consequential and incidental damages, incurred or sustained by Buyer by reason of any breach of any warranty with respect to the supplies purchased. Buyer shall be
promptly reimbursed for all expenses incurred in the handling, inspection and return of defective
items, and Seller shall bear the risk of loss on all such items. If any of the supplies are found at any
time prior to acceptance to be defective in material or workmanship, or otherwise not in
conformity with the requirements of this order, Buyer (in addition to any other rights which it may have under warranties or otherwise) may at its option (1) correct or have corrected the
nonconformity at Seller’s expense, or (2) reject and return such supplies or other deliverable items
at Seller’s expense, such supplies or other deliverable items not to be replaced without suitable
written authorization from Buyer.
CHANGES. Buyer may at any time request in writing changes to this order in the specifications,
packing, shipment, quantities, delivery schedules, and other matters. If any such change causes an
increase or decrease in the costs of or the time required for performance, Seller shall immediately
notify Buyer. Any request for an equitable adjustment must be made in writing with 30 days from
the date of the written request for the change. No additional charge or change in the specifications, packing, shipment, quantities, delivery schedules, and other matters will be allowed unless
authorized by Buyer in writing.
TAXES. The Buyer, a municipality in the State of Georgia, is exempt from Georgia Sales Tax
under the Sales and Use Tax ID # 302 526 178. All sales and use tax due on materials purchased by the city for installation by the seller under this contract are the responsibility of the contractor.
ASSIGNMENT. Neither this order nor any interest herein may be assigned, in whole or in part, by
Seller without the prior written consent of Buyer. Notwithstanding the above, Seller may assign
any monies due or to become due to him hereunder, provided that such assignment shall not be binding upon Buyer until receipt of a copy of the assignment agreement is acknowledged and
approved by Buyer in writing.
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SUBCONTRACTING. Seller shall not enter into a subcontract for any part of this order,
including completed or substantially completed items or major components thereof, without
Buyer’s written consent. Nothing in this order shall be seen as prohibiting Seller’s purchase of standard commercial articles, raw materials, or other supplies specified in this order if these are
typically purchased by Seller in the normal course of business.
TERMINATION. Buyer may terminate or suspend performance under this order in whole or in
part from time to time by sending written notice to Seller. Upon receiving notice of such action by Buyer, Seller shall immediately comply with its terms and take all reasonable steps to avoid
incurring any additional costs under this order. Buyer’s sole liability to Seller shall be for items
completed and delivered to Buyer in accordance with this order and for Seller’s reasonable costs to
the date of termination, such costs being solely attributable to this order and not being recoverable
from other sources.
INDEMNIFICATION. Seller agrees to indemnify, defend and hold Buyer, Buyer’s employees,
and those for whom Buyer may act as agent harmless from (1) any and all claims and liabilities for
injuries or death of persons or damages to or destruction of property; (2) any other Loss caused by
or resulting from the acts or omissions of Seller, its agents, subcontractors, suppliers or employees in the performance of this order; (3) any Loss caused by or resulting from the supplies purchased
under this order, (4) any intended use of products or materials provided by Seller; (5) any defective
products or materials provided by Seller, including without limitation the use or disposal of
hazardous and/or toxic materials, such materials to include at minimum all materials recognized by
the Environmental Protection Agency as hazardous; or (6) any breach by Seller of any express or implied warranties. If Seller’s work hereunder involves operations by Seller’s agents,
subcontractors, suppliers or employees on Buyer’s premises or any place where Buyer conducts
operations, Seller shall take all necessary precautions to prevent the occurrence of any injury or
damage to persons or property during the progress of such work. Further, Seller shall indemnify,
defend and hold Buyer, Buyer’s employees, and those for whom Buyer may act as agent harmless for any injuries occurring to Seller’s agents, subcontractors, suppliers or employees and Seller
shall maintain public liability, property damage and employee’s liability and compensation
insurance sufficient to protect Buyer from any claims under any applicable law, statute, or
regulation.
MODIFICATION; WAIVER. No waiver or modification of this order shall be effective unless
in writing and signed by both of the parties hereto. Failure of either party to enforce its rights under
this order shall not constitute a waiver of such rights or any other rights.
ENTIRE AGREEMENT. This order is intended by the parties as a final expression of their agreement and also as a complete and exclusive statement of the terms thereof, any prior or
contemporaneous oral or written agreements as to the same subject matter notwithstanding.
INVALIDITY. In the event that any provision of this order is declared invalid, illegal, or
otherwise unenforceable by any tribunal or law, the remainder of the provisions shall not be affected thereby, and each term and provision not declared invalid, illegal or unenforceable shall
be valid and shall be enforced to the fullest extent permitted by law.
DRUG FREE WORKPLACE. By accepting this order, the Seller certifies that he shall provide a
drug free workplace for his employees in accordance with the laws of the State of Georgia.
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SPECIFICATIONS, PROPOSALS, BID DOCUMENTS. The documents which form the basis
for this order shall include the plans and specifications and bid documents as attached hereto,
together with any other documents so listed and enumerated, if any, and it is expressly understood
that any special conditions listed and attached hereto are specifically made a part of this contract.
APPLICABLE LAW. The provisions and performance of this purchase order shall be governed
by the laws of the State of Georgia and applicable federal law. Seller agrees to bring any and all
actions relating to this purchase order only in the state and federal courts located within Chatham
County in the State of Georgia.
APPROPRIATION. Notwithstanding, any other provision hereof , this agreement shall terminate
at the end of each calendar year without liability or obligation on the part of the city in any
calendar year where the City has not appropriated funds for the obligations hereunder for the next
calendar year.
PROTEST POLICY Any offeror who is aggrieved in connection with a solicitation or award of a
contract may protest to the Purchasing Agent. The protest shall be made to the purchasing office
having responsibility for initiating the solicitation. The protest must be submitted in writing within
7 calendar days after knowledge of the facts and occurrences giving rise to the protest. The protest shall: include the name and address of the protestant; include the solicitation number, contain a
statement of the grounds for protest; and specify the ruling requested from the purchasing office.
Awards will be held at bay until the protests are resolved.
PAYMENT The bidder shall specify terms of payment. The City of Tybee Island’s preferred method of
payment is by purchasing credit card. INSURANCE REQUIREMENTS Contractor shall provide a Certificate of Insurance naming the
City of Tybee Island as also insured, a 30 day cancellation notice, indicating the following
minimum coverage: Comprehensive General Liability $2,000,000.00
Automobile Public Liability $2,000,000.00
Workman’s Compensation Insurance equal to the statutory requirements. TAXES The City of Tybee Island, Georgia is not subject to any State or Federal taxes. Documentation will
be provided with the invoice at the time of payment, if requested. DELIVERY: F.O.B. DESTINATION 403 Butler Ave, Tybee Island, Georgia 31328 unless otherwise
stated. TERMINATION OF CONTRACT The City reserves the right to terminate the contract for reasons of
violations by the successful bidder of any term or condition of the contract by giving thirty (30) days
written notice, unless otherwise stated herein, stating the reasons therefore and giving the party ample time to remedy the deficiency.
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BID SHEET CITY OF TYBEE ISLAND GYMNASIUM REPAIRS 2016-691
Vendor Name ______________________________________
Description:
TOTAL COST:
$_________________
Signature_____________________________________ Bid Expiration Date_________________
City of Tybee Island has established goals to increase participation of minority and female owned businesses.
In order to accurately document participation, businesses submitting proposals or proposals are strongly
encouraged to report ownership status. A minority/ woman business is defined as a business with 51% or
greater minority of women ownership or general management. Please check ownership status as applicable: African-American\Black___ Asian American___ Hispanic___ Native American___Alaskan Indian_____
Female_____
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City of Tybee Island, PO Box 2749, Tybee Island, GA 31328 912-786-4573 | (fax) 912-786-9465 What products/services do you provide to the City of Tybee Island:
_________________________________________________________________________
_________________________________________________________________________ To whom shall we direct the Purchase Order?
Sales Contact:______________________Email:__________________________________
Phone#______________________________ Fax#________________________________
Location: _________________________________________________________________
To whom shall we direct Payment?
A/R Contact: _______________________ Email:_________________________________
Phone#_____________________________ Fax#________________________________
Remittance Address:________________________________________________________ Our terms are Net 30.
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Affidavit Verifying Status
for City Public Benefit Application
By executing this affidavit under oath, as an applicant for a City of Tybee Island, Georgia, Business License or Occupation Tax Certificate, Alcohol License, Taxi Permit, Contract, or other public benefit as referenced in O.C.G.A.
Section 50-36-1, I am stating the following with respect to my application of a City of Tybee Island:
Business License or Occupational Tax Certificate,
Alcohol License,
Taxi Permit,
Contract
Other public benefit _____________________________________________________________
for _______________________________________________________ (printed name of natural person applying on behalf of individual, business, corporation, partnership, or other private entity).
1) ______ I am a United States citizen.
OR
2) ______ I am a legal permanent resident 18 years of age or older or I am an otherwise qualified alien or non-
immigrant under the Federal Immigration and Nationality Act, 18 years of age or older and lawfully present in the United States. *
In making the above representation under oath, I understand that any person who knowingly and willfully makes a
false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16-10-20 of the Official Code of Georgia.
___________________________________________
Signature of Applicant
___________________________________________ Date
___________________________________________
Printed Name
___________________________________________ * Alien Registration Number for Non-citizens
SUBSCRIBED AND SWORN BEFORE ME ON THIS
THE ______ DAY OF ___________________, 20 _____
Notary Public __________________________________
My Commission Expires: _________________________
Note: O.C.G.A. § 50-36-1(e)(2) requires that aliens under the federal Immigration and Nationality Act, Title 8 U.S.C.,
as amended, provide their alien registration number. Because legal permanent residents are included in the federal definition of “alien”, legal permanent residents must also provide their alien registration number. Qualified aliens
that do not have an alien registration number may supply another identifying number below:
(circle all that apply)
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Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1)
By executing this affidavit, the undersigned contractor verifies its compliance with
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is
engaged in the physical performance of services on behalf of (name of public employer) has
registered with, is authorized to use and uses the federal work authorization program commonly
known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract
period and the undersigned contractor will contract for the physical performance of services in
satisfaction of such contract only with subcontractors who present an affidavit to the contractor
with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:
_________________________________
Federal Work Authorization User Identification Number (E-verify S.A.V.E #)
_________________________________
Date of Authorization
_________________________________
Name of Contractor
_________________________________
Name of Project
_________________________________ Name of Public Employer
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on ______, ___, 201__ in _____(city), ______(state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ______ DAY OF ______________,201__. _________________________________
NOTARY PUBLIC
My Commission Expires:
______________________________
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REFERENCE: ITB # 2016 – 691
REPAIRS TO GYMNASIUMN BUILDING
In my opinion the proposal received from RNR Construction is the best value, several options
are available.
Total Cost - $67,731.00
Option # 1 - Using 2” of Spray Foam Insulation sub-tract $ 10,074.00
Replace only damaged ceiling tiles in Gym offices, kitchen, bathrooms (2) and YMCA Fitness Center
Total Cost -$ 57,657.00
Option # 2 - Using 2” of Spray Foam Insulation and replace all ceiling tiles in Gym offices,
kitchen, bathrooms (2) and YMCA Fitness Center Total - $60,522.00
Option to clean ISO Boards on walls and clean columns add - $ 12,989.00
Total Cost with all Options: $ 83,585.00
Respectfully Submitted!
Jimmy Brown January 3, 2017
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City Council Agenda Item Request
Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM 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: 1.12.17
Item: North Beach Parking Lot Post Hurricane Restoration Project
Explanation:
Budget Line Item Number (if applicable): Funds for this project will be moved from the storm related contingency line item (100.9000.61.100) to a NB Parking Lost Post Hurricane Restoration Project line item –
TBD
Paper Work: __X___ Attached*
______ Audio/Video Presentation**
* Electronic submissions are requested by not required. Please email to jleviner@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.
NOTE: Request will be postponed if necessary information is not provided.
Submitted by: Diane D, Schleicher
Phone / Email: dsch@cityoftybee.org
Comments:
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January 6, 2017
Diane Schleicher
City of Tybee Island
P.O. Box 2749
Tybee Island, GA 31328
PROPOSAL FOR NORTH BEACH PARKING LOT RESTORATION
Description Quantity Unit Unit Price Amount
Furnish install, grade, and compact
3” GABC stone 1 LS $121,701.25
Remove and reset existing parking blocks 275 EA $55.00 $15,125.00
Furnish and install new parking blocks 100 EA $118.80 $11,880.00
TOTAL $148,706.25
Additional Unit Prices if Needed:
Repaint existing parking blocks as needed EA $22.00 $22.00
Additional GABC stone as needed TON $45.93 $45.93
We propose hereby to furnish material and labor for parking restoration based on an area of 80,625 SY
of parking area with associated parking blocks.
Payment to be made according to Lump Sum and Unit Pricing above.
Best Regards,
Phillips and Jordan, Inc.
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City Council Agenda Item Request
Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM 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: 1.12.17
Item: Water Line Replacement Project: Request for extended work hours (some night time work during the
weekdays) for this Public Works Project during the months of January, February, March and April of 2017 in
order to get the section of the water line in the parking lane on Hwy 80 from the Curve to the North Campbell
intersection before the GDOT resurfacing project begins this spring.
Paper Work: X Attached*
Submitted by: Diane D, Schleicher
Phone / Email: dsch@cityoftybee.org
Comments:
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This map was created using geothinQ. geothinQ is a GIS web-based application created and powered by Thomas and Hutton www.geothinQ.com Tybee Island Water Main Replacement2/18/2016 Parcels20170112CityCouncilPacketAmended Page 228 of 335 20170106/jrl
RESOLUTION
WHEREAS, the City of Tybee Island is scheduled to hold a municipal election on Tuesday, November 7, 2017; and
WHEREAS, the County Board of Registrars has provided the City with a list of municipal electors; and
WHEREAS, a Registrar for the City needs to be appointed to act as Municipal Registrar to review the list of proposed electors and to perform other duties in cooperation with the Chatham County Board of Registrars; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Tybee Island in open meeting assembled, hereby designate Janet LeViner, CMC, Clerk, to act as Registrar for the City in connection with the election to be conducted on Tuesday, November 7, 2017. Adopted this 12th day of January, 2017 ____________________________________ Jason Buelterman, Mayor ____________________________________ Janet LeViner, CMC Clerk of Council
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1641381.1
RESOLUTION
WHEREAS, the City of Tybee Island, Georgia (hereinafter the “City”), is a duly
authorized and existing municipality within the State of Georgia; and
WHEREAS, the City has been granted conditional approval of Private Property Debris
Removal (hereinafter “PPDR”) by the Federal Emergency Management Agency through the
Georgia Emergency Management Agency and Homeland Security Agency; and
WHEREAS, the City has been requested to provide a hold harmless
indemnification agreement to the Federal Emergency Management Agency, the United
States Government and the Georgia Emergency Management and Homeland Security
Agency for claims arising from debris removal and/or the monitoring thereof from the
rights of way of public roads or streets within the City.
NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of
Tybee Island that the Mayor and Clerk of Council are authorized to execute the
Intergovernmental Government Hold Harmless Agreement attached hereto in order to
pursue reimbursement for the expense of debris removal from private rights of way within
the City.
SO RESOLVED, this the ____ day of ___________________, 20____.
CITY OF TYBEE ISLAND, GEORGIA
By: ___________________________________
Jason Buelterman, Mayor
ATTEST:
By: ___________________________________
Clerk of Council
Tybee/Resolutions/2016/IG Hold Harmless Agr
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1641381.1
RESOLUTION
WHEREAS, the Mayor and Council is the duly authorized authority for the City of
Tybee Island, Georgia (hereinafter the “City”); and
WHEREAS, the City has previously entered into a Franchise Agreement with Comcast
Cable Communications Management, LLC and/or a predecessor or affiliated entity (hereinafter
“Comcast”); and
WHEREAS, Comcast is seeking to expand its franchise under state law and has agreed to
pay each effected local governing authority a franchise fee established by the local governing
authority; and
WHEREAS, 47 U.S.C. § 542(b) establishes a maximum rate of 5% of a provider’s gross
revenues received from cable service or video service to subscribers located within the service
area; and
WHEREAS, the Mayor and Council have considered the appropriate franchise fee to be
charged to Comcast.
NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of
Tybee Island, duly assembled, that Comcast and its affiliates shall be charged a franchise
fee of 5% of the gross revenues derived from the provision of video service to
subscribers located within the City, in addition to any and all other franchise fees
charged for other services provided to subscribers. Notice hereof shall be provided to
Comcast and/or its affiliates as soon as practicable.
SO RESOLVED, this the ____ day of ___________________, 2017.
CITY OF TYBEE ISLAND, GEORGIA
By: ___________________________________
Jason Buelterman, Mayor
ATTEST:
By: ___________________________________
Clerk of Council
Tybee/Resolutions/2017/Comcast franchise agr
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ORDINANCE NO. 03-2017-A
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA,
PERTAINING TO SECTION 6-8, CONSUMPTION OF ALCOHOLIC
BEVERAGES IN PUBLIC AREAS,
REGARDING THE PUBLIC CONSUMPTION OF ALCOHOL
FROM OPEN CONTAINERS, TO ESTABLISH RESTRICTIONS
THEREON IN REFERENCE TO LOCATIONS AND TIMES
WHEN PERMISSIBLE AND WHEN NOT PERMISSIBLE
AND TO ESTABLISH PROCEDURES FOR THE RESTRICTION
OF THE CONSUMPTION OF ALCOHOL OUTDOORS DURING
CERTAIN TIMES OF THE YEAR AND/OR DURING EVENTS
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 its police, zoning
and home rule powers; and
WHEREAS, the public welfare and safety of the citizens of Tybee Island requires that
action be taken so as impose restrictions on the outdoor consumption of alcohol, particularly in
the case of unpermitted special events and/or during traditional spring break periods.
NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of
Tybee Island that The Code of the City of Tybee Island, Georgia, Section 6-8, Consumption of
alcoholic beverages in public areas, be amended as provided herein.
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SECTION 1
The Code of Ordinances is hereby amended as to Section 6-8, Consumption of alcoholic
beverages in public areas, shall hereafter read as follows:
Sec. 6-8. Consumption of alcoholic beverages in public areas.
(a) Except as specifically permitted in connection with special events approved by
the Mayor and Council, consumption of alcohol on the beaches, in the parking lots and in or on
the adjoining beach waters of the City of Tybee Island is prohibited during the months of March,
April and in May until the next to the last Friday before Memorial Day in May of each calendar
year. At other times when not prohibited herein, alcoholic beverages may be consumed from a
metal can or a non-glass cup with a capacity of 25.4 fluid ounces or less, in public areas;
however, the Mayor and Council may designate areas of public property where all consumption
of alcohol is prohibited and/or may limit the type of containers that are prohibited or permissible
in any particular areas of the City by amendment hereto or in connection with the approval of
any special event or application for a special event.
(b) Any person violating any provisions, rules, or regulations of this article, upon
conviction, shall be subject to punishment as provided in Section 1-8 and as provided by law.
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.
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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 , 2017.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
Ordin 2017/3-2017 alcohol 12.14.16
Ordin 2017/3-2017-A alcohol 12.20.16
Ordin 2017/3-2017-A alcohol 01.03.17
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Chapter 23 - ETHICS[1]
Footnotes:
--- (1) ---
Editor's note—Ord. No. 54-2011, adopted July 28, 2011, repealed former Ch. 23, Arts. I, II, in its entirety and enacted new provisions as set out in the attachment to said ordinance. Former Ch. 23 pertained to similar subject matter and derived from Ord.(4) of Dec. 11, 2008.
ARTICLE I. - GENERAL
Sec. 23-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
City official shall be any person who is an elected official of the City of Tybee Island and any one
appointed by the mayor and council of the city to any board, commission, authority, or position of the city. City official shall not include paid employees of the City who come under the City Manager’s control or the
City Manager, City Attorney, City Clerk or a Municipal Court Judge. A paid employee under the control of the City Manager, The City Manager, The City Clerk, The City Attorney and the Municipal Court Judges
shall be held to the same ethical standards as a “city official”.
Government or city shall be construed to mean the City of Tybee Island, Georgia government.
Immediate family shall apply to blood or marital relationships of the city official, including a city official's spouse, children, parents and siblings and shall further include any member of an official's
household.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-2. - Acceptance of gifts.
With exception of campaign contributions which shall be reported in accordance with Georgia Laws,
no city official shall solicit or accept directly or indirectly anything of value from any person, corporation, or group which has, or is seeking:
(1) To obtain, contractual or other business or financial relationships with the City of Tybee Island;
(2) Where in exchange for the thing of value one seeks to have a city official exercise a matter of
discretion in his or her favor; or
(3) Where in exchange for the thing of value one seeks to have or has interests which may be
affected by the performance or nonperformance of the official duty of the city official, accomplished, defeated, deferred or otherwise acted upon.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-3. - Intent.
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It is the intent of this section that city officials avoid any action whether or not specifically prohibited by section 23-2 which might result in, or create the appearance of, the following:
(1) Using public office for private gain;
(2) Impeding government efficiency or economy; or
(3) Affecting adversely the confidence of the public in the integrity of the government; or
(4) Purposefully or intentionally violating laws involving moral turpitude as defined by Georgia law.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-4. - Financial interests of members.
City officials may not:
(1) Have direct or indirect financial interests that conflict substantially with their responsibilities and
duties as government servants; or
(2) Engage in, directly or indirectly, financial transactions as a result of, or primarily relying upon,
information obtained from their office. Aside from these restrictions, city officials are free to engage in lawful financial transactions to the same extent as private citizens.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-5. - Use of public property.
A city official shall not use city government property of any kind for other than officially approved
activities, nor direct employees to use such property for the personal purposes of such official.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-6. - Use of confidential information.
A city official shall not directly or indirectly, make use of, or permit others to make use of, for the
purpose of furthering a private interest, official information not made available to the general public.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-7. - Coercion by city official.
A city official shall not use his or her position in any way to coerce, or give the appearance of coercing, another person to provide any financial benefit to him or her or persons within his or her
immediate family, or those with whom an official has business or financial ties.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-8. - Voting in matters of personal interest.
A city official shall not participate in any matter and shall recuse him/herself on an ordinance or
amendment in a meeting that would directly affect his or her private business, business interests, property; nor such interests of his or her immediate family.
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(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-9. - Unauthorized purchases.
A city official shall not order any goods and services for the City of Tybee Island, nor obligate the city funds for any payment, without prior official authorization for such an expenditure.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-10. - Meetings of the council.
Meetings of the council shall be conducted in accordance with O.C.G.A., Tit. 50, Ch. 14, as
amended, and O.C.G.A. § 36-80-1, as amended, as it applies to municipalities.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-11. - City attorneys used for private business.
A city official shall not use the attorney or attorneys who are under retainer by the City of Tybee
Island for personal or private business without paying just compensation.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-12. - Unauthorized use of public employees.
A city official shall not use his or her superior position to request or require an employee to:
(1) Do clerical work on behalf of his or her family, business, social, church or fraternal interests;
(2) Purchase goods and services to be used for personal, business, or political purposes;
(3) Work for him or her personally without offering just compensation; and/or
(4) Perform work allegedly for the benefit of the city without prior official authorization.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-13. - Travel expenses.
A city official shall not draw per diem or expense monies from the City of Tybee Island to attend a
seminar, convention, or conference and then fail to attend the seminar, convention, or conference without refunding the pro-rata unused per diem or expense monies of the city. This not to include cancellation
fee(s) for good cause.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-14. - Presumption.
In reference to acts or omissions on which the city attorney has given an opinion, an a city official
acting consistently with the opinion shall be presumed to be acting in accordance with the obligations
imposed under the ethics ordinance and not in violation thereof, however the final determination as to
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whether or not a violation has occurred is to be determined by the ethics commission and/or city council as otherwise provided.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-15. - Penalties.
The code of ethics to be observed by city officials are set forth herein, and any violation thereof, shall subject the offender to disciplinary action which may include censure and either public or private
reprimand. Power to administer a greater punishment shall include power to administer the lesser. Further, in cases involving intentional acts, the general penalties of the Code of Tybee Island may be
used as disciplinary action for violations of the code of ethics.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Secs. 23-16—23-30. - Reserved.
ARTICLE II. - ETHICS COMMISSION
Sec. 23-31. - Creation and composition.
(a) There is hereby created the ethics commission, an agency of the City of Tybee Island. By creating the commission, council intends to:
(1) Enhance the public's confidence in the integrity of city government and management; and
(2) Provide a facilitative and advisory resource that assists the city council, the city manager and
others to leverage, implement, administer and enforce this code.
(b) The commission is to be composed of seven. Members of the commission are to be appointed by
city council as set forth in this chapter.
(c) As used within this chapter, "commission" means "the ethics commission" or any subset of the ethics
commission acting on behalf of the whole commission.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-32. - Duties and powers.
(a) The ethics commission has the duty and authority to:
(1) Establish (and amend as needed) bylaws, policies and procedures consistent with this Code
that govern internal organization and conduct of commission affairs;
(2) Schedule and hold commission meetings as needed to discharge duties;
(3) Receive and consider complaints that this code was violated;
(4) Interpret this code as it applies to complaints of violation and other issues in order to reach
opinions as to whether certain actions, behaviors, or conduct constitute violation of this code;
(5) Formally present or deliver the commission's opinions to council;
(6) Make proposals or recommendations to the city council for the adoption of any revisions or amendments to this ethics code;
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(7) Publish opinions and other documents related to this code;
(8) Engage in training activities;
(9) Issue advisory opinions as provided in this chapter;
(10) Initiate any investigation or perform any other function determined by the commission to be
essential to fulfilling its purpose or discharging duties established within this code.
(b) Members of the commission are subject to this code. Each has special responsibility to identify and
acknowledge any conflict of interest in commission matters and abide by the rules of recusal when he/she has a conflict of interest in a pending commission decision.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-33. - Member qualifications.
(a) Upon appointment to the commission, a person must have resided in the city for at least one year, be registered to vote in city elections and have signed a statement of qualification.
(b) For the duration of service on the commission a member must:
(1) Reside in the City of Tybee Island;
(2) Be registered to vote in city elections;
(3) Not hold any other elected office or become a candidate for elected office of the United States,
this state, this county, or the city;
(4) Not be a city employee; and
(5) Exhibit strong moral character and good citizenship.
(c) Statement of qualification:
STATEMENT OF QUALIFICATION: I, __________, have interest in serving on the Tybee Island Ethics
Commission. I meet the qualifications set forth in the Ethics Code.
I have resided in the City of Tybee Island for at least one year.
I am registered to vote in City elections.
I do not hold elected City office.
I am not a candidate for elected office of the United States, this state, this county, or this City.
Signed __________ Date __________
(d) Statements of qualification are to be retained by the clerk of council as official city records.
(e) As a member of a city agency having semi-judicial function, a person is to take an oath of office before each term of service as a commission member. The mayor is to administer the oath. A written
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representation of the oath is to be signed by the appointee and retained by the clerk of council as an official city record.
(f) If a member becomes disqualified, he or she must resign from the commission.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-34. - Terms of service.
(a) Those members of the commission currently serving as of the adoption of this chapter shall continue
to serve under their original appointment and for the full term thereof.
(b) Council intends for commission members to serve two "staggered" terms.
(c) Members having odd position numbers are to serve terms expiring on the day before the annual meeting in odd-numbered years. Members having even numbers are to serve two-year terms
expiring on the day before the annual meeting in even-numbered years.
(d) Removal of members of the ethics commission other than by resignation or expiration of term shall
be for cause as determined by the mayor and council following a public hearing. As used herein, "cause" shall include but not be limited to, failure to attend meetings of the ethics commission on a
regular basis; when there is a recommendation from the ethics commission for conduct allegedly reasonably calculated to result in the ethics commission, the city or the city council being held up to
ridicule; while a member, conviction of a crime which is a felony or misdemeanor involving moral turpitude or dishonesty, or of an ordinance violation involving moral turpitude or dishonesty; a lack of
qualification as determined by the ethics commission and/or the mayor and council; and conduct or circumstances determined by the mayor and council to justify removal in the best interest of the city.
There is no property right in an appointment and the existence of cause as grounds for removal is not to be considered as creating any property right in the appointed position, nor is the existence of
any hearings or procedures to be deemed or considered as creating any property right.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-35. - Voting.
(a) "Voting panel" means the group of commission members entitled to participate in a commission matter.
(1) When the commission is not in session (i.e., meeting), the voting panel is composed of members.
(2) During a commission meeting or hearing and for a particular matter, the voting panel is composed of Members in attendance.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-36. - Meetings.
(a) Except as allowed or required by state law, all meetings of the ethics commission are to be open to the public, publicized as required by state law and compliant with all requirements imposed by the
Georgia open records and meetings laws.
(b) The ethics commission is to hold an annual meeting in February.
(c) The presiding officer or a majority of the voting panel may call additional meetings on an as-needed basis.
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(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-37. - Appointments and nominations.
(a) Appointments to fill vacancies.
(1) Each vacated commission position is to be filled by council appointment based on majority vote
or other method adopted by council.
(2) No person appointed to serve on the first commission or any commission thereafter is to be
considered "the appointee" of a particular council member.
(b) Annual appointments. This topic does not encompass mid-term vacancies.
(1) On the day before the annual meeting in 2009 and on each such day thereafter, the terms of five members expire. At the last regular council meeting in January of each year after 2008,
council is to appoint five members to fill the positions with expiring terms.
(2) Members associated with expiring terms may be reappointed.
(3) The mayor is to assign odd position numbers to the members appointed during odd-numbered years. Likewise, the mayor is to assign even position numbers to members appointed during
even numbered years.
(4) Commission bylaws or policies are to give guidance to situations and circumstances that are not
covered in preceding items of this topic.
(c) Mid-term vacancies.
(1) When any member vacates or announces intention to vacate a commission position before the associated term of service expires, the presiding officer is to request council to appoint a
member to the position. The request may be accompanied by nominations from the voting panel.
(2) A person appointed by council to fill a vacated position assumes the status, position number and the unexpired portion of the term associated with the former member.
(d) Nominations.
(1) Any person interested in serving on the commission may nominate themselves by submitting a
completed qualification form to the clerk of council. This applies to incumbent members occupying commission positions with approaching term expiration dates.
(2) Council may solicit additional nominations for commission membership from the general public, from council members or from the ethics commission. The clerk of council is to contact such
nominees for the purpose of determining their interest and/or to have them sign a statement of qualification.
(3) Council intends that the appointment process not interfere with the effectiveness of the commission. Ideally, at any point in time, there will be several nominees so that, when
necessary, the appointment process will be expedited.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-38. - Officers.
(a) At each annual meeting after February 2009, the voting panel is to elect two members to serve as chairperson and vice-chairperson of the commission. These officers are to serve as such until the
next annual meeting. If for some reason the voting panel fails to elect a chair or vice-chair at an annual meeting, the incumbent may remain in office until a successor is properly elected by the
members.
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(b) An incumbent may be re-elected to serve as an officer.
(c) If the chair or vice-chair leaves office before the term of office expires but remains on the
commission, the voting panel is to elect a principal member to serve in the office until the next annual meeting.
(d) If an office becomes vacant because of a principal position vacancy, the voting panel is to elect a replacement officer after the principal position is filled by council appointment.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-39. - Compensation, expenses and staffing.
(a) Members of the ethics commission are not to be compensated.
(b) A member may request the city for reimbursement of reasonable expenses incurred as a direct result
of performing commission duties.
(c) The city manager is to assign a capable staff member to serve as recording secretary and to make
available appropriate and sufficient meeting space.
(d) The clerk of council or designee is to serve as the filing clerk for the commission, receive complaints
and to publish notices of ethics commission meetings upon request of the commission's presiding officer.
(e) The clerk of council and the city manager are to provide other support requested by the commission and approved by council.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-40. - Counsel.
(a) The city attorney is to be the legal advisor for the ethics commission except in circumstances where
doing so would result in the city attorney's conflict of interest in a complaint involving a council member as respondent, complainant, or otherwise.
(b) If the commission requires legal services that the city attorney cannot provide or is not available to provide, the commission is to be represented and assisted in carrying out its responsibilities by an
attorney appointed by the ethics commission and confirmed by council. A person serving as commission attorney is subject to this code.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-41. - Limitation of liability.
To the fullest extent permitted by law, no member of the ethics commission, or any person acting on behalf of the ethics commission, is to be liable to any person for any damages arising out of the
enforcement or operation of this ethics code except in the case of willful or wanton misconduct. This limitation of liability is to apply to the city, the members of the ethics commission and any person acting
under the direction of the ethics commission.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-42. - Advisory opinions.
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(a) The commission may render an advisory opinion based on a real or hypothetical set of circumstances and the commission's interpretation of this code as it applies to the circumstances.
(b) An advisory opinion is to be rendered only in response to a written request (from a city official) that fully describes the circumstances and the question to be answered. The request must be signed.
(c) A member of the commission may submit a request for an advisory opinion.
(d) Such advisory opinions are to be formulated during formal commission meetings and are to be made
part of the commission's open records.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-43. - Complaints.
(a) In general.
(1) For this code to be most effective, the public and city officials must have access to a fair, expedient, effective and evolving complaint process that is not encumbered by the need to
amend this code. To that end, the commission is to develop, publish and maintain a complaint policy that explains procedures to be followed, timeframes to be honored and the roles,
responsibilities and rights of the complainant, city official alleged to have violated this code and members of the commission.
(2) The policy may include steps, options or requirements beyond the general provisions contained in this chapter. If, at any point in time, such policy does not address the requirements of a
particular complaint, the commission is to make formal adjustment to the policy to ensure the fair and appropriate handling of the complaint and such complaints thereafter. As the complaint
policy evolves, revisions are subject to the approval of the city attorney and/or city council. The essential components of the complaint policy are outlined in the following provisions of this
section.
(b) Restraints. The policy is to specify the restraints, if any, that apply to the commission, the
complainant and/or the person against whom a complaint is filed (the respondent).
(c) Submission and qualification.
(1) A person (complainant) alleging that a city official (respondent) violated any provision of this code may submit a written and signed complaint declaration to the clerk of council. The
declaration, a written statement made under penalty for false swearing, must meet the qualifications described in the complaint policy.
(2) The clerk of council's office is to deliver the declaration of complaint to the presiding commission officer who thereafter communicates the complaint to commission members.
(3) Subsequently commission members, in a manner consistent with the complaint policy, are to determine if the complaint qualifies for further action.
(4) A disqualified complaint declaration is to be returned to the complainant and otherwise dealt with in a manner consistent with the complaint policy.
(5) A disqualified declaration may be corrected by the complainant and resubmitted as de novo declaration.
(d) Qualified complaints against city officials.
(1) The commission has the responsibility to investigate, hear, validate, and dispose of complaints
against city officials in a manner consistent with this code and the complaint policy.
(2) The commission is to inform (by registered mail) the respondent of the complaint and of a reply
due date and a case review date. The complaint and other pertinent documents are to be attached to this correspondence.
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(3) The complaint policy is to provide details for handling a case for which the respondent agrees that he or she has violated this code.
(4) Unless the respondent's reply agrees that a violation occurred, there is to be a case review to determine whether specific substantiated evidence from a credible source(s) exists to support a
reasonable belief that there was a violation of this code. The case is to be dismissed unless a majority of the voting panel agrees that such evidence exists. The complaint policy is to provide
details for closing a dismissal.
(5) If the case is not dismissed, the commission is to hold a hearing at a public meeting for the
purpose of reaching a complaint opinion (decision) as to whether or not the respondent violated this code. The hearing is to be conducted in accordance with those conventionally associated
with hearings at public meetings. The complainant and the respondent are to have the opportunity to be heard and to have witnesses at the hearing.
(6) After the hearing, voting panel members are to reach a decision (complaint opinion) as to whether or not the respondent violated this code. Such decision is to be based on:
a. Preponderance or greater weight of the evidence presented at the hearing; and
b. The declarations submitted by the complainant and respondent; and
c. Panel member's conscientious and compliant interpretation and application of this code to the evidence.
(7) The complaint opinion is to be documented, consistent with the complaint policy. This documentation is to include a statement of remedial or consequential actions that the
commission deems appropriate. Such actions may be applicable to the respondent or to the complainant. Consequences for a city official may include, but are not limited to, private
warning; training on the subject of the violation; public warning or reprimand; public censure and/or apology and/or restitution. Consequences for a malicious or frivolous complaint from a
person other than a city official may include misdemeanor charges.
(8) The documented opinion is to be forwarded to clerk of council who will distribute the opinion to
council members, the complainant, the respondent and the city attorney in preparation for a final and concluding action on the part of council.
(e) A person (complainant) alleging that the city Manager, the City Attorney, the City Clerk or a Municipal Court Judge violated any provision of his code may submit a written and signed complaint
to the Mayor and Council. The Mayor and Council shall consider such complaint and follow the procedure for investigation and holding a hearing in the same or similar fashion as the Ethics
Commission a set forth in subparagraphs (d) (1) – (7) hereinabove.
Complaints against a City Employee under the control of The City Manager shall be for forwarded to
the City Manager for his or her review and consideration with the City Manager following the procedure for investigation and holding a hearing in the same or similar fashion as the Ethics
Commission as set forth in subparagraphs (d) (1 ) – (8) hereinabove.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-44. - Final and concluding action on complaint cases.
Final and concluding decisions for complaint cases are to be made at the final council meeting of
each month. Advisory opinions related to such decisions are to be listed as main agenda items for this meeting. The city attorney is to develop and implement a process for council to consider the opinions.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Sec. 23-45. - Right to appeal.
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Any final decision by the city council pursuant to this code of ethics shall be reviewable by the Superior Court of Chatham County. The review by the superior court shall be limited to an inquiry to
whether there was any evidence before the city council which supported the decision of the city council. Provided however, no action of the city council refusing or failing to take action pursuant to this code of
ethics shall be reviewable by the superior court.
Sec 23-46 – Legal Fees:
The City shall not use funds to pay for legal fees or expenses of any party bringing a complaint or any party against whom a complaint is filed. Either party who hires an attorney shall pay for their
own attorney fees and expenses.
(Ord. No. 54-2011, (Attach.), 7-28-2011)
Exhibit A
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ORDINANCE NO. 05-2017
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA,
TO AMEND SECTION 23-1, ET SEQ., ETHICS,
AND MAKE CERTAIN CHANGES THEREIN REGARDING THE DEFINITION OF CITY OFFICIAL AND TO ADDRESS LEGAL FEES
OF PERSONS FILING ETHICS COMPLAINTS AND THOSE OF INDIVIDUALS AGAINST WHOM AN ETHICS COMPLAINT IS MADE AND TO ADDRESS PROCEDURES FOR THOSE WHO ARE SUBJECT TO ETHICS COMPLAINT
REVIEW BY THE MAYOR AND COUNCIL
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 governing authority desires to amend Chapter 23, Ethics, so as to clarify
same, to repeal all conflicting ordinances, to provide for an effective date and for other purposes.
NOW, THEREFORE, It is hereby ordained by the governing authority of the City of Tybee
Island that Sections 23-1 and 23-43 be amended and a new section to be designated as 23-46, Legal Fees,
of the Code be added as follows:
SECTION 1
The Code of Ordinances is hereby amended so as to revise Sections 23-1, to add a
subsection to 23-43 and to add a new section to be designated as 23-46, Legal Fees, so that the
following changes shall hereafter read as follows:
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Sec. 23-1. Definitions.
City official shall be any person who is an elected official of the City of Tybee Island and anyone appointed by the Mayor and Council of the City to any board, commission, authority, or position of the
City. City official shall not include paid employees of the City who come under the City Manager’s
control or the City Manager, City Attorney, City Clerk, or a Municipal Court Judge. A paid employee under the control of the City Manager, the City Manager, the City Clerk, the City Attorney and the
Municipal Court Judges shall be held to the same ethical standards as a “City official.” Sec. 23-43. Complaints. (e) A person (complainant) alleging that the City Manager, the City Attorney, the City Clerk, or a Municipal Court Judge violated any provision of his code may submit a written and signed complaint to
the Mayor and Council. The Mayor and Council shall consider such complaint and follow the procedure for investigation and holding a hearing in the same or similar fashion as the Ethics Commission as set forth in subparagraphs (d)(1)-(7) hereinabove.
Complaints against a City Employee under the control of the City Manager shall be forwarded to
the City Manager for his or her review and consideration with the City Manager following the procedure
for investigation and holding a hearing in the same or similar fashion as the Ethics Commission as set forth in subparagraphs (d)(1)-(8) hereinabove.
Sec. 23-45. Legal fees.
The City shall not use funds to pay for legal fees or expenses of any party bringing a complaint or any party against whom a complaint is filed. Either party who hires an attorney shall pay for their own attorney fees and expenses.
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
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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 , 2017.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED: ______
Tybee/Ordinances 2017/05-2017 Ethics 01.04.17
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MEMO
To: Mayor and Council of the City of Tybee
From: Ethics Commission
Subject: City of Tybee Island, Georgia - Ethics Commission
Our File No.: 9322-0000
Re: Study of Ethics Ordinance and Ethics Procedures
Date: December 12th, 2016
Over the last several months, the Ethics Commission has been studying the Ethics
Ordinance and the procedures for the Ethics Commission to follow when a complaint is
filed. This memo is a summary of our conclusions and recommendations with
attachments setting forth the specific changes.
PERSONS SUBJECT TO ACT:
The Ethics Commission considered who should be subject to ethics complaints that the
Ethics Commission should consider and who should be subject to ethics complaints that
should be handled by the City Manager's office or by the Mayor and Council.
Our recommendation is that the Mayor and Council should consider any ethics
complaints filed against the City Manager, the City Attorney, the City Clerk or Municipal
Court Judges.
The City Manager should consider ethics complaints filed against any employees
of the city coming under the City Manager's oversight.
The Ethics Commission should consider ethics complaints filed against a city
official which would include elected officials and members of any board, commission or
authority of the city. The Ethics Ordinance would need to be changed to accommodate
the above recommendation. See attached Exhibit A.
COMPLAINTS DURING ELECTION YEAR:
The Ethics Commission considered whether ethics complaints should not be considered
and acted upon during a political election season. It was decided that there should not
be any period of time during which an ethics complaint would not be considered or
acted upon. Delaying or not considering a complaint would potentially delay the public
being aware of any ethics violations.
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MEMBERSHIP ON ZONING COMMISSION:
The Ethics Commission considered whether individuals who are members of
organizations that the complaining party may also be a member of could serve on the
Ethics Commission. It was decided that excluding someone from serving on the Ethics
Commission simply because he and the complaining party were also a member of
another organization should not eliminate membership on the Ethics Commission.
Given certain circumstances, a member of the Ethics Commission may need to recuse
himself/herself on a specific Ethics Commission complaint. Such matters should be
considered on a case-by-case basis.
PAYMENT OF LEGAL FEES:
The Ethics Commission considered whether either the complaining party or the
responding party to an ethics complaint or both should be reimbursed for legal expenses
incurred as a result of the filing of an ethics complaint. It was decided that the party
initiating an ethics complaint and the respondent should be responsible for their own
legal fees and expenses.
See Exhibit A for a new provision for the Ethics Ordinance which is
recommended to be adopted.
ETHICS COMPLAINT PROCEDURE:
The Ethics Commission also considered the procedure which should be used once a
complaint is filed. The Ethics Commission has chosen to rewrite its own procedural
rules and recommends that the City Manager and the Mayor and Council, when
considering an ethics complaint, should adopt the same or similar rules. The new rules
add a step in the process by which the parties meet with the Commission for an informal
discussion to attempt to resolve the issues.
Attached are the new procedural rules for the Ethics Commission (See attached
Exhibit B).
In conjunction with the new procedural rules, the Ethics Commission has developed
standard letters to be sent to the complaining party and the respondent at appropriate
times after the complaint is filed.
See Exhibit C for new revised correspondence.
The Ethics Commission welcomes your comments concerning any or all of the above.
The Ethics Commission would respectfully request that the proposed ordinance changes
be placed on the Mayor and Council's agenda for formal adoption.
Respectfully submitted,
____________________________________________
Ethic’s Commission by Danny Hill, Ethic’s Commission Chairman
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ETHICS COMPLAINT PROCEDURE
I. Complainant delivers the complaint to the Clerk of Council. It should
indicate if the accused is a city employee, an elected official or the City
Clerk, City Attorney, City Manager, or Municipal Judge.
The Clerk of Council is to:
1) refer all city employee complaints directly to the City Manager.
2) refer complaints regarding the City Clerk, City Attorney, City Manager or
Municipal Judge to the Mayor and Council.
3) refer complaint regarding an elected official to the Ethics Commission.
AND
1) review the complaint for a signature, notarization and contact
information- printed name, mailing address, phone number, email
address. (In the event a complaint is filed by more than one citizen,
there must be a single contact person listed.) If the complaint is not
signed, notarized, or contact information is not included then the
complaint will be returned to the complainant for compliance.
2) date, stamp and initial the compliant complaint.
3) give a receipt letter (check list) to the complainant.
4) deliver the complaint to the presiding Commission officer within (5)
business days.
5) deliver the complaint as set forth above to the city manager, Mayor and
Council or the presiding Ethics Commission officer within 5 business
days.
II. Complaint Reviewed
A. City Manager receives employee complaints
1) Reviews the complaint in accordance with the employee
complaint policy.
B. Mayor and Council receives complaint regarding City Clerk, City
Attorney, City Manager or Municipal Judge and reviews the complaint
for action in accordance with procedures similar to the Ethics
Commission procedures
C. Ethics Commission receives all other complaints
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1) Deficient claims returned to complainant within 7 business days
with letter explaining deficiencies.
2) Complainant may re-submit complaint with deficiencies
corrected within 7 business days.
3) Complainant may withdraw complaint.
4) Documented sufficient complaint handled by the Ethics
Commission.
III. Ethics Commission Review
A. Copy of complaint delivered to accused via registered mail within 7
business days of determination that complaint is not technically
deficient.
B. Accused may reply in writing to the complaint within such time as
directed by the Ethics Commission, not to exceed 30 days.
1) If the accused agrees that a violation has occurred, no further
investigation will take place.
2) For an agreed violation the case will be reported to the City
Council for disposition.
C. Ethics Commission investigatory review to be held within 30 days from
date of response by accused.
1) Unsubstantiated claims dismissed.
2) Substantiated claims to proceed to an informal conference
between all parties (including any attorney representing the party)
and the ethics commission members.
IV. If informal discussion does not resolve the issues, the Ethics Commission
shall hold a formal public hearing within 45 days from conclusion of the
informal discussion.
A. Certified written notice given to each party.
B. Each party has the opportunity to present their case. The parties may be
represented by legal counsel at their choice. Parties may present evidence
to supplement the petition and the response with further documentary
evidence or witnesses. Additional documentary evidence or witnesses
shall not duplicate existing information already presented. Formal rules
of evidence do not apply.
V. Commission deliberates in private and issues a public written determination
within 30 days signed by the Chairman of the commission.
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A. Violators are reported to City council with recommendation for
disposition.
B. Non-violators dismissed.
VI. City Council – determination and implementation of any action.
Exhibit B
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City of Tybee Island P.O. Box 2749 – 403 Butler Avenue, Tybee Island, GA 31328
(912)786-4573 – FAX (912) 786-5737 www.cityoftybee.org
Dear Complainant,
Thank you for utilizing the Ethics Commission complaint process. Your complaint has been reviewed by the
Clerk of Council for a signature and notarization. At this point, your complaint will be forwarded by the Clerk of Council to the City Manger (if complaint against City employee), The Mayor and Council ( if
complaint against the City Attorney, City Clerk, City Manager, or Municipal Court Judge) the presiding Commission officer within (5) five business days. Upon receiving the complaint, the City Manager, Mayor or presiding Ethics Commission Officer has (5) business days to check the complaint for completeness.
If there are any deficiencies in the complaint, the compliant will be returned. You will have
(7) seven business days to correct the deficiencies and start the process anew.
If the complaint meets the minimum criteria and fully describes the circumstances (siting the applicable ethics ordinance provision), for complaints directed to the Ethics Commission the
complaint will be forwarded to all the members of the Ethics Commission. The Commission will review the complaint at an open meeting to determine if the complaint is valid and qualifies for
further action. The initial open meeting is to be held for informal discussion with you and the
respondent and anyone representing the parties , if any, to determine if the issues may be resolved without consideration of evidence beyond what was provided with the complaint and the response to
the complaint.
If the complaint is deemed invalid, the Commission will notify you via registered mail with an
explanation of the decision. Note: Consequences for a malicious or frivolous complaint may include misdemeanor charges.
If the issues cannot be resolved at the informal conference and it is established that your complaint qualifies for further action , the parties will be notified via registered mail. Additional proceedings
will occur as required by the ordinance.
Please keep in mind that your statement/declaration/complaint will become public record when it is filed
with the clerk. Members of the public may ask to see it, and they are entitled to do so.
If you elect to have legal counsel represent you , you are responsible for all legal fees and expenses.
Sincerely yours,
City of Tybee Island Ethics Commission
Submitted by:
_________________________________________ ________________________________
Jan LeViner, Clerk of Council Date
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Exhibit C 04/09/2014je
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City of Tybee Island P.O. Box 2749 – 403 Butler Avenue, Tybee Island, GA 31328 (912)786-4573 – FAX (912) 786-5737 www.cityoftybee.org Dear Respondent
The Ethics Commission opened and reviewed the enclosed complaint at our meeting on ____________..
It was accepted as not technically deficient by the Commission.
This copy, therefore, is sent via registered mail. Please respond to the allegations of this complaint within
30 business days. After receipt of your reply, the Commission will have an open meeting with you and
the complaining party to have an informal discussion in an effort to resolve the issues. You may be
represented by an attorney if you wish. No evidence other than the complaint and attachments and your response and attachments will be considered at the informal conference.
If the issues cannot be resolved at the informal conference the Commission will proceed to a formal
public hearing within 30 business days of the informal conference. At the formal public hearing
additional evidence may be presented for the Commissions consideration.
Enclosed is a copy of the complaint policy and procedure to answer any questions you may have.
If you elect to have legal Counsel represent you, you are responsible for all legal fees and expenses.
Thank you for your cooperation with this process.
Yours truly,
Danny Hill
Chair, Ethics Commission
Enclosures: Complaint, Complaint Policy, Complaint Procedure
Exhibit C
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ORDINANCE NO. 2016-32
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, TO AMEND ARTICLE III, SPECIAL EVENTS, TO REPEAL CONFLICTING ORDINANCES,
TO ESTABLISH AN EFFECTIVE DATE 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 adopt ordinances under it police, zoning, and
home rule powers, and
WHEREAS, all special events share one element in common: an assembly of people; and
WHEREAS, the City is an extremely active tourist destination which attracts large
numbers of visitors who reside elsewhere and quite naturally and frequently are less inhibited in
their conduct than they are at home; and
WHEREAS, the Mayor and Council find, and common sense dictates, that tourists often
have no obligatory plans and, in fact, are looking for something fun to do; and
WHEREAS, the presence of large numbers of relatively uninhibited people looking for
something fun to do is fertile ground for an assembly of people relatively unrestrained by the
conventions they would feel at home; and
WHEREAS, any assembly of a large number of people, especially uninhibited people
looking for something to do without any immediate obligations, will create circumstances
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contrary to the health, safety and welfare of the persons assembled and the community as a
whole if adequate preparation for the event is not made and executed; and
WHEREAS, adequate preparation requires notice and an opportunity to organize
resources, and for large events, the contribution of additional resources; and
WHEREAS, special events and tourism is critical to the local economy and, for many
years, the City has investigated, and managed special events; and
WHEREAS, the City has previously adopted an ordinance regulating the conduct of
special events through a permitting process requiring the producer of the event to demonstrate
credible plans to provide event security, municipal type services and event traffic control and to
faithfully execute those plans upon penalty of the city closing the event (the "Article III -
Special Event Ordinance"); and
WHEREAS, the Special Event Ordinance in essence required the event producer to think
through the needs and effects of the event assembly and give the city the information and time
required to coordinate its public safety efforts to accommodate the event and, with adjustments
for lessons learned along the way, the Special Event Ordinance has met those purposes; and
WHEREAS, the Mayor and Council find that the requirements of the Special Event
Ordinance did not diminish the production of events but, in fact, improved them and assisted
novice event producers; and
WHEREAS, in 2015 and before, due to changes in social media and the conduct of large
crowds, the City began to study the need to further regulate special events held within the city
by commercial promoters attracting crowds of people which, on the one hand, is good for the
tourism economy of the City and Chatham County, especially when overnight guests attend, but
on the other hand places a strain on the limited resources of the City to protect persons and
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property by policing the event, policing the off-site activities of the local and visiting attendees
which inevitably accompany such events, and to control event related traffic, sometimes away
from the site; and
WHEREAS, the Mayor and Council find that the predominate business and commerce of
the City, and the basis of its revenue is tourism and that special events are a critical and positive
component of that tourism, and the Mayor and Council declare their intent to continue to
support and encourage special events of all types but determines that additional rules are
necessary to curb the adverse, secondary effects of events which mushroom beyond the capacity
of their venue and logistical support; and
WHEREAS, the City acknowledges that the permit requirements of the Special Event
Ordinance, as amended here, can be easily argued to affect lawful assemblies and speech and
therefor the city has established reasonable time frames adjusted for the size and complexity of
the assembly, to consider and respond to the request for a permit and prompt notice and appeal
rights in the event an application is denied; and
WHEREAS, the Mayor and Council acknowledge that the ways in which the Special
Event Ordinance has been and will be applied are the best evidence of the City's commitment to
special events and to the rights of the event organizers and event participants to assemble, and
finds that, to date, there have been no complaints that staff has applied the existing ordinance
unfairly; and
WHEREAS, to date the Special Event Ordinance has primarily focused upon planned
events; and
WHEREAS, the Mayor and Council find and determine that the advent and virtually
universal spread of social media through the demographic of visitors to the City of Tybee Island
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has, with greater frequency, caused special event type entertainment assemblies to be
commercially produced and promoted very quickly and in hastily created or converted venues
with little or no notice or adequate private or public planning and provision for security, crowd
control, traffic control and parking, and safety, and in some cases these events have
spontaneously occurred with no accountable producer or any planning or preparation (Pop-Up
Events); and
WHEREAS, the Mayor and Council find and determine that both commercial Pop-Up
Events (with an identifiable producer) and spontaneous Pop-Up Events are contrary to the
health, safety and welfare of the community due to the lack of internal planning and control, and
notice to the City to permit external planning and protection; and
WHEREAS, the Mayor and Council also find and determine that the lack of internal and
external planning and control of Pop-Up Events creates secondary effects that frequently
become a public and private nuisance, including by way of example and not limitation, traffic
congestion, pedestrian trespass, vehicular trespass, illegal parking, illegal drug and alcohol use,
violence and other breaches of the peace, especially where a large crowd of pedestrians and
even vehicles are held waiting outside a venue that is at capacity or attempt to access a venue
that has essentially unlimited access; and
WHEREAS, the Mayor and Council also find and determine that commercial Pop-Up
Events will continue and, in fact, increase and that the producers of these events should be
required to think through the needs and effects of the event assembly and give the city the
information and time required to coordinate its public safety efforts to accommodate the
attendees, just as traditional special events which in the past were publicized and promoted
through slower and more predictable media; and
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WHEREAS, the Mayor and Council recognize that spontaneous Pop-Up Events in a non-
commercial venue present a more difficult issue in a free society because they are, in fact, a
spontaneous assembly which is the right of a free people, but the Mayor and Council also find
and determine that when such an assembly begins to create the same adverse effects which are
attendant to an unregulated traditional special event, that is such things as neighborhood trespass
of persons or vehicles, illegal parking, traffic congestion, frequent or repeated violations of the
law facilitated by the anonymity of the crowd, a need for sanitation facilities, etc., then it is
reasonable and lawful to place upon the owner or person in control of the venue, after notice, the
duty under penalty of law to do all that he or she can reasonably do to bring the event under or
within the threshold limits of the criteria which caused the assembly to become problematic; and
WHEREAS, the Mayor and Council find and determine that the placing upon the owner
or person in control of a non-commercial venue where a spontaneous special event occurs the
duty to do all they reasonably can to bring the assembly under control will create a needed
incentive for owners to pay attention to their property and be alert to not allowing assemblies
upon their property to get out of control in the first place; and
WHEREAS, the Mayor and Council also find and determine that the City and other cities
have experienced an entirely new Pop-Up Event phenomenon, that is, a spontaneous special
event "organized" through social media with no accountable producer or promoter, but still
generating the same types of needs and effects as a traditional special event, albeit so far on a
smaller scale; these Pop-Up Events include by way of example and not limitation, "open" house
parties (no invitation required); "pay-party" house parties (no invitation required, leave money
at the door) and large beach assemblies with amplified music; and
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WHEREAS, the Mayor and Council also find and determine that the variety, uniqueness,
innovation and timing of modern special event assemblies, some commercially promoted and
others spontaneously occurring and all frequently publicized and promoted through
instantaneous social media as well as traditional media, require the City to adopt a more flexible
and commonsense approach to defining and determining what is a special event; and
WHEREAS, the Mayor and Council have received and considered extensive testimony
from the public, from promoters and producers of special events and from staff, including the
Fire Chief, the Chief of Police and the City Manager, regarding what should be considered a
special event and the issues and opportunities for mischief accompanying them and, moreover,
the Council members have personally witnessed virtually all of these issues from time to time
and find that the testimony presented in support of this ordinance is consistent with their own,
first-hand experience; and
WHEREAS, by this ordinance, based upon that testimony and experience, the Mayor and
Council intend to establish specific criteria defining and determining what should be considered
a special event under the totality of the circumstances at hand and to authorize staff to apply that
criteria in each specific case; and
WHEREAS, the City has attempted in the past to define special events based primarily
upon anticipated attendance and found that method to be unreliable sometimes in the age of
social media; and
WHEREAS, the Mayor and Council are aware of the inalienable right of citizens in a free
state to assemble peacefully and without creating a public nuisance, and to speak and entertain
freely, but expressly find that the type of assemblies that will trigger the application of this
ordinance create a real and imminent threat to the health, safety and welfare of the event patrons
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as well as the community if the notice, planning, preparation, services and control required by this
ordinance is not provided, and based upon years of experience the City finds that there is no less
intrusive way of handling the situation in the extremely active tourist environment of the City, so
to borrow from Mr. Justice Holmes, "Upon this point a page of history is worth a volume of
logic." N.Y. Trust Co. v. Eisner, 256 U.S. 345, 349 (1941) and the City has been working with
special events for several decades, regulating them for the last; and
WHEREAS, the Mayor and Council are aware that the authority given staff to interpret
and apply the specific criteria established in this ordinance in order that the City may timely
consider the totality of the circumstances in each unique case, may be argued to invite arbitrary
or capricious chilling of the rights of free speech or assembly but, Justice Holmes again, “Great
constitutional provisions must be administered with caution. Some play must be allowed in the
joints of the [government] machine.” Missouri, K&T. Ry. Co. of Texas v. May, 24 S. Ct. 638
(1904); and
WHEREAS, the City finds and determines it necessary to update and amend the Special
Events Ordinance to better regulate traditionally produced and marketed special events and to
add Pop-Up Events because, without these amendments, events will overrun the current law;
and
WHEREAS, the Mayor and Council find and determine that this ordinance will promote
the public good by establishing necessary standards to define special events in the digital age, to
create incentives and mechanisms to promote the public welfare by fostering preparation for,
and curbing the excesses of, assemblies which by these same standards become events needing
some level of support and control to protect persons and property, and therefore that, although
this ordinance contains penalties, it is adopted for a remedial purpose and if challenged should
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nonetheless be given an equitable construction in order to achieve the clear remedial purposes
determined by the legislative Council. N. Securities Co. v. US, 24 S. Ct. 436 (1904); and
WHEREAS, the Mayor and Council recognize the power and discretion that is being
granted to city staff, including the City Manager and Police Chief, and that the City seeks to
provide certain objective standards for the City Manager and Police Chief to use in enforcing
this ordinance, so that the ordinance is narrowly drawn, reasonable, has definite standards
guiding the hands of the city staff; and
WHEREAS, the Mayor and Council recognize that the provisions of this ordinance are
somewhat complex and interrelated by the definitions employed and the form by which the
ordinance is structured, but also find that the events and assemblies upon which the substance of
this ordinance applies are quite varied and must be considered several and not interdependent,
so that if this ordinance is found to be unenforceable, in whole or in part, against one or more
classes of events or assemblies, the remainder may easily be left in force, and should be left in
force for the public good; and
WHEREAS, the governing authority desires to amend Section 54-70 et. seq so as to
clarify same, to repeal all conflicting ordinances, to provide for an effective date and for other
purposes.
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that
Article III, Special Events, of the Code be amended and shall read as follows:
SECTION 1
The Code of Ordinances is hereby amended so as to revise Article III, Special Events, so
that it shall hereafter read as follows:
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ARTICLE III. - SPECIAL EVENTS
Sec. 54-70. Definitions
For the purposes of this Article, Special Event shall mean any assembly of persons upon the
public beaches, public streets or rights of way, or within the City parks or parking lots, where it is either
reasonably anticipated that municipal services will be required, or where additional municipal services are
actually required. There are two general types of special events that require a permit under this Article,
those that are planned and permitted and unplanned/pop up special events.
(a) MUNICIPAL RESOURCES ANTICIPATED TO BE REQUIRED (Planned event). The
gathering is reasonably anticipated to require for its safe and successful execution the provision or
coordination of municipal services by the City or by the event producer to a material degree above that
which the City routinely provides under ordinary, everyday circumstances. Municipal services include,
but are not limited to fire and police protection, crowd control, traffic control, parking control, street
closure, emergency medical services, garbage or trash facilities or clean-up and sanitation facilities
(herein "municipal services:).
(b) MUNICIPAL RESOURCES ACTUALLY REQUIRED (Pop-up Event). The municipal
services required for an unpermitted assembly exceed at any point in time the level of municipal services
typically available from the City for that time and season after taking into consideration the similar,
municipal-type services provided by the person or persons, if any, encouraging the assembly.
Notwithstanding the foregoing, any planned special event to be held in any part of the
beach is presumed to be a special event, except for specifically enumerated exceptions that are a part of
this ordinance. This presumption can be rebutted only by the event producer providing clear and
convincing evidence that, based upon the nature, location, time and season of the event there is a high
degree of probability that the event will not draw a crowd in excess of one person for every seven (7)
square feet of beach controlled by the producer, or where people are gathered for purposes of the event.
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(c) PRODUCER. As used herein, the term “Producer” means an individual, individuals or
any entity that attempts to promote or does promote an event or gathering of people by way of
advertising, social media, directly or indirectly, the event or gathering and promotes the attendance at an
event or gathering and who supervises or finances an event. Such term shall be synonomos with
“promoter” and includes a person or entity who directly or indirectly encourages, persuades, or advertises,
or uses publicity to encourage or persuade attendance at an event or gathering.
Sec. 54-71. Permits.
(a) In the interests of the public's convenience and safety and availability of city services, persons
or organizations wishing to host a special event must first obtain a permit from the city manager or his
designee. The permit application shall include, but not necessarily be limited to, the following information:
(1) Description of event including the location, date/time, activities, entertainers,
estimated number of participants.
(2) Name, address and telephone number of sponsoring organization and its responsible
representative. This includes the name and address of all natural persons or organizations controlling at least a
five percent stake in the event.
(3) Method of notification of participants.
(4) Publicity plan, if open to the general public.
(5) Parking/traffic control requests and concerns.
(6) Public safety requests and concerns, if any.
(7) Impacts on other city services, if any.
(8) Whether alcoholic beverages will be permitted in the event.
(9) Whether there is a request for the City to activate the Festival Zone.
(b) Each application for a special event permit required by this Article shall contain the
information described in Sec. 54-71(a) and must be filed, and the permit fee paid, no less than sixty (60)
days before the opening of the event to the public. Notwithstanding the forgoing, the City Manager
shall accept a tardy application if (i) City staff has the capacity to conduct an ordinary review of the
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application without causing material neglect of other staff duties or, (ii) the event promoter stands willing
and able to pay and deposits a sum of money to cover any overtime for City staff to conduct an ordinary
review of the application, and staff volunteers such overtime, then the City will use reasonable efforts to
process a tardy application in time to allow the event to be held. Applications shall be reviewed in the
order received and priority shall be given to timely filed applications.
(c) All applications shall contain language indemnifying and holding harmless the City, its
elected officials, officers, agents, and employees, in language approved by the City Attorney.
(d) It shall be unlawful to engage, conduct, promote, or provide entertainment to any special
event without first receiving a permit from the City pursuant to this Article.
(e) Exceptions.
(1) Funeral processions;
(2) Students going to and from school classes or participating in educational
activities, provided that such conduct is under the immediate direction and supervision of the proper
school authorities; and
(3) Training exercises conducted by federal, state or local officials, so long as the
training exercise has been approved by the City Manager.
Sec. 54-72. Application and Plan.
(a) Each plan included in the special event application, and any conditions imposed by the
City Manager pursuant to Sec. 54-75(e), shall be continuously implemented during the special event, and
any failure to do so shall result in the automatic suspension of the permit and suspension of the event
until full implementation is made.
(1) Should the actual attendance at any special event, including persons attempting to
enter the event, or the municipal services actually required at a permitted event exceed for a period of one
(1) hour the number or level anticipated by the application and permit, it shall become the duty of all
persons owning or able to control the event or the event venue to take reasonable, diligent, and constant
measures to reduce the excess until the planned number or level is reasonably achieved. The failure of any
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such person to immediately, after notice from the City, make a reasonable, diligent and constant effort to
reduce the excess shall be a violation of this law punishable by civil penalties specified in this Article.
The Chief of Police or his designee is authorized to approve actions to partially or slowly reduce the
excess as compliance if he or she finds (i) that such person is acting in good faith after notice of the
excess, (ii) that full and immediate elimination of the excess will not be feasible and (iii) that it would be
safer to taper down the event rather than to abruptly close the venue or stop the event.
(2) Conversely, should actual attendance fall below the permit estimates for a
sustained period and appear likely to continue at reduced levels, the City Manager or his designee shall
be authorized, but not required, to allow the applicant to reduce staffing to the minimums reasonably
required.
Sec. 54-73. Unpermitted Assembly (Pop-up events).
The City has found and determined that some special events occur without a permit, especially if
attendance is promoted through instantaneous, social media.
(1) If an assembly develops into a special event (without a permit) it shall become the duty of
all persons or entities owning or able to control the special event or who is providing entertainment
encouraging the assembly, to take reasonable, diligent and constant measures to reduce the activity or
circumstances which caused the assembly to become a special event - that is for example but not limited
to, reducing the number of attendees, or to provide the additional municipal type services needed to
regulate event traffic, maintain the peace and protect the public health and safety. The failure of any
such person or entity to immediately after notice from the city make a reasonable, diligent and constant
effort to reduce the event attendance or otherwise provide adequate services, to the satisfaction of the
Chief of Police or his/her designee shall be a violation of this law punishable by civil penalties specified
in this Article. The Chief of Police or his designee is authorized to approve actions to partially or slowly
reduce the event attendance to a point where it is not considered a special event if he or she finds (i) that
such person is acting expeditiously and reasonably to employ feasibly available resources to address the
issues after notice that the assembly has become a special event, (ii) that full reduction to the criteria
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threshold will not be feasible and (iii) that it would be safer to taper down the event rather than to
abruptly close the venue or stop the event.
(2) Whether a spontaneous assembly has developed into a special event based upon
attendance or a need for municipal services (as those services are defined in this Article), shall be
determined by an objective and reasonable examination of the totality of the circumstances at hand,
including but not limited to the following factors:
(a) With respect to attendance and attempted attendance:
(i) Whether the attendance is ticketed.
(ii) Actual attendance at prior, similar events.
(iii) The extent of commercial promotion and advertisement of the event,
especially promotion outside of the City of Tybee, by traditional or digital means, but excluding
spontaneous social media not initiated, encouraged or orchestrated by a commercial event producer or
any person acting on behalf of the event producer or any person with a financial or other personal interest
in the event ("spontaneous social media").
(iv) The extent of spontaneous social media encouraging attendance at the
assembly.
(v) Whether the location and configuration the assembly, and the nature and
presence (sight and sound) of the event, will be likely to draw attendees or observers from the public at
large.
(vi) The number in attendance and attempting to attend shall be determined
by the Chief of Police or his designee using recognized or previously established law enforcement
estimating techniques.
(b) With respect to municipal services actually required:
(i) Repeated pedestrian trespass.
(ii) Repeated vehicular trespass.
(iii) Illegal parking.
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(iv) Traffic congestion.
(v) Apparent need for sanitation facilities as evidenced by public urination
or other bodily functions.
(vi) Repeated and flagrant instances of illegal activity.
(vi) Repeated noise ordinance violations after notice, including differing
offenders.
(vii) Unusual amount of trash being abandoned with no apparent resources
available to clean up after event.
(viii) Unusual or repeated need for medical assistance.
(3) When the City is aware of the planning of an assembly in which the Chief of Police
determines is more likely than not to become a special event, as defined by this ordinance, then the City
Manager may notify anyone promoting, organizing, or otherwise planning to attend that they may be
subject to this ordinance and all resulting criminal and civil penalties. Said communication shall also
include a copy of a special event application and a copy of this ordinance.
(4) In addition to the procedures described above, the Mayor and Council of the City may by
resolution impose restrictions on activities including, but not limited to, the public consumption of
alcoholic beverages in areas designated in such resolution upon a report to the Mayor and Council that an
unpermitted event is being promoted and advertised, published on social media, or by leaflets or by other
means where such promotion reasonably indicates to the Mayor and Council that there is an immediate
risk to the public safety, welfare, citizens and property of those participating in the event and residents of
the City. Upon the passage of any such resolution pursuant to the provisions of this subsection, the
resolution shall be posted on the City’s website and publication and dissemination thereof shall be
encouraged and notice thereof shall be disseminated to the fullest extent possible so as to alert the public,
the event producers or promoters and all persons whatsoever of the lack of permission for the event
and/or a prohibition on the public consumption of alcoholic beverages during such dates, times and
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locations as set forth in the resolution.
Sec. 54-74. Fees.
(a) As part of the application review process, together with the services requested by the
applicant, the city manager shall set fees to defray the costs of city services for special events to be determined
on the basis of actual expected costs. The costs shall be the marginal costs directly associated with the special
event above what the general public would generally require. Such fees may be adjusted to the extent that the
city co-sponsors a special event, as determined by the city manager. In the instance of a spontaneous
unpermitted special event, where the City incurs marginal costs directly associated with the unpermitted
special event, the fee shall still be calculated and applicable as further provided herein.
(b) The level of municipal services required shall be determined by an objective, reasonable
examination of the totality of the circumstances, including but not limited to the following factors:
(1) The size of the assembly and the anticipated attendance.
(2) The location of the event to determine the potential for pedestrian and vehicular
congestion.
(3) The nature of the event, the activities planned during it and the weather
conditions of the season to evaluate the danger of harm to persons and property such as a fireworks
explosion, a collision of participants or spectators, spectator or participant heatstroke, drowning, and the
like.
(4) The historical density of visitors to the City during the annual season of the
event and the type of activities, safe and unsafe, in which those visitors have historically engaged.
(5) Whether the assembly is specifically designed and staffed to handle the
anticipated needs and effects of the anticipated number of attendees.
(c) The City shall notify the applicant of the municipal services fee, and if requested grant a
meeting with the City Manager to confer with the applicant about the fee. If the applicant does not accept
the type and extent of municipal services listed and the amount of the municipal services fee, the City
shall nonetheless proceed in ordinary course to complete the application process and either deny the
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permit through the process contained in this Article without consideration of the applicant's objection to
the fee, or if the applicant is entitled to the permit then grant the permit upon the condition that the
municipal services fee be paid before the permit becomes valid or effective. The applicant shall have the
right to appeal to the Mayor and Council the type and extent of services required and the amount of the
fee by letter filed with the City Clerk within three (3) business days after the City shall provide the
applicant the itemization and amount of the fee which notice shall state that the applicant may appeal
within three business days. The Mayor and Council shall uphold or lessen the fee based upon information
about the extent of services to be rendered by the City directly related to the event and the cost of those
services as presented by City Manager or his/her designee and the applicant in a de novo, quasi-judicial
hearing held as soon as may be practicable. The Mayor and Council's decision, including its reasons
therefore, shall be announced at the conclusion of the hearing and entered onto the record thereof which
shall constitute the Council's final order in any subsequent proceedings. The hearing may be continued
from time to time in the sole discretion of the Mayor and Council. If the Mayor and Council is unable to
timely conduct or conclude the hearing in time for the event to be held pursuant to an otherwise valid
permit, the applicant may pay to the City the disputed fee under protest, and the permit shall become
effective so that the event may be held, in which case the hearing shall be held and concluded after the
event at a mutually convenient time. If the fee is upheld, it shall be accepted by the City; if it is reduced
the reduction shall be refunded to the applicant.
(d) In the event of an unplanned and unpermitted special event, anyone who promoted, planned,
executed, provided entertainment, or attended shall be responsible for the applicable municipal services fee.
This includes anyone that promotes through social media. The City Manager is authorized to direct the City
Attorney to pursue all legal remedies necessary to collect any fees that are authorized pursuant to ordinance.
(Code 1983, § 7-1-2)
Sec. 54-75. Action on the Application and Appeal.
(a) The City Manager must decide to grant or deny an application at the earliest possible
time after receipt.
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(b) The City Manager may deny a permit only on one or more of the following grounds:
(1) The permit application is incomplete; a complete application is one that provides
all the information or items required by this Article regardless of the sufficiency of the information or
item.
(2) The application fee has not been paid;
(3) The proposed event is unlawful;
(4) The application contains a material falsehood or misrepresentation;
(5) It reasonably appears that the proposed event will present a clear and present
danger to the public safety or health;
(6) The proposed event is of such a nature or duration that it cannot be reasonably
accommodated in the particular location; or
(7) The applicant has refused to attend or participate in good faith in a pre-permit
meeting requested by the City Manager following reasonable notice and scheduling attempts by the
City Manager and failed to propose reasonable alternatives.
(c) The City Manager is expressly prohibited from denying any permit based upon the
identity of any speaker or entertainer or the viewpoint, content, or type of speech or expression to be
displayed so long as such speech or expression is lawful.
(d) Every denial of a permit shall be in writing and shall clearly explain the reason(s) for
denial. A denial of a permit application as "incomplete" must identify the specific information required
by this Article which was not provided. A denial based upon the unlawfulness of an event must identify
the law or regulation prohibiting such conduct. A denial based upon a clear and present danger to the
public safety or health must identify the specific conditions which reasonably give rise to the danger. A
denial based upon the fact that the proposed event cannot be reasonably accommodated in the particular
location applied for must state specific reasons why the area is unsuitable for the event. A denial based
upon an applicant's refusal to attend or participate in good faith in a pre-permit meeting, or suggest an
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alternative, shall identify the steps taken to provide reasonable notice and scheduling of such meeting
and, if applicable, any conduct at the meeting demonstrating bad faith participation by the applicant. The
purpose of the requirement is to allow the applicant to know the grounds upon which the permit was
denied and to permit Mayor and Council the opportunity to verify and confirm the objective validity of
any denial and to ensure that any limited discretion given to the City Manager under this Ordinance is
not abused so as to disfavor protected speech or expression.
(e) The City Manager may condition any permit with reasonable requirements concerning
the time, place or manner of holding a special event as is necessary to coordinate municipal services,
multiple uses of public property, assure preservation of public property and public places, prevent
dangerous, unlawful or impermissible uses, protect the safety of persons and property and to control
vehicular and pedestrian traffic in and around the venue, provided that such requirements are narrowly
tailored to address these concerns and are not implemented for the purpose of regulating or restricting
protected speech or expressive conduct.
All permit applications shall be deemed granted as applied for if the City Manager does
not grant, grant with conditions, or deny the permit in writing within thirty (30) calendar days of receiving
an application. A permit which is granted automatically under this section is conditioned upon any
required city services fee being paid before the permit becomes valid or effective. If an applicant
disagrees with the fee required, the provisions of Sec. 54-71(c) shall control. The automatic granting of
permits provided in this section shall not apply if:
(1) The permit application fee has not been paid;
(2) The City Manager has indicated his intent to deny a permit and the applicant has
agreed, in writing, to supply the City Manager with additional information which may allow the permit to
be granted. In this case, the permit application will be deemed granted if the City Manager does not grant,
grant with conditions, or deny the permit in writing within ten calendar days of receipt of the additional
information, unless the applicant agrees in writing to provide further additional information, which shall
renew the terms and time-frames of this paragraph; or
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(3) The City Manager requests additional time to review the application and the
request is agreed to in writing by the applicant. In this case, the permit application will be deemed granted
if the City Manager does not grant, grant with conditions, or deny the permit in writing by the expiration
of the agreed date.
(f) Every denial of a permit and every conditional grant of a permit challenged by an
applicant is appealable to the Mayor and Council by letter filed with the City Clerk within three (3) business
days after receipt of the denial or proposed conditional grant. The Mayor and Council shall grant or deny the
permit, or uphold or rescind the conditions, based upon information presented by the applicant and the City
Manager or his designee in a de novo, quasi-judicial hearing held as soon as practicable. The Mayor and
Council's decision, including its reasons therefor, shall be announced at the conclusion of the hearing and
entered onto the record thereof which shall constitute the Mayor and Council's final order in any subsequent
proceedings and which may, but shall not be required to, express findings of fact and conclusions of law.
The hearing may be continued from time to time in the sole discretion of the Mayor and Council, provided
that if the Mayor and Council does not render a final order within fifteen (15) days after filing of the letter of
appeal the permit shall be deemed granted.
Sec. 54-76. Penalty for violation.
In addition to any civil penalties that the City may pursue, any person convicted of violating any of the
provisions of this article shall be punished by a fine not to exceed $1,000.00 or imprisonment for a term not
exceeding 60 days or by both such fine and imprisonment.
(Code 1983, § 7-1-4)
Sec. 54-77. Liquor prohibited.
Consistent with the provisions of section 6-12, no liquor may be sold or otherwise distributed at any
special event conducted under the provisions of this article except for special events conducted on private
property and approved by the mayor and council.
(Ord. of 4-10-2008(4); Ord. of 9-25-2008(2))
Sec. 54-78. Weather and other changes.
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Once a special event has been permitted, location and date changes necessitated by weather events or
other calamity shall not require further permitting, and all authorizations and licenses or permissions applicable
to the original permit shall continue to the extent applicable. Notwithstanding the foregoing, the permit holder
must cooperatively work with staff on different dates, locations and times.
The City Manager shall have the authority to revoke a permit in the event that weather or other environmental
conditions presents a substantial likelihood of danger to the public, and event organizers and attendees.
(Ord. of 9-25-2008(2))
Secs. 54-79. Severability.
Should any section, provision, or clause of any part of this ordinance be declared invalid
or unconstitutional, or if the provisions of any part of this ordinance as applied to any particular
situation or set of circumstances be declared invalid or unconstitutional, such invalidity shall not
be construed to affect portions of this ordinance not so held to be invalid, or the application of
this ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent
of the City that this ordinance would have been adopted had any such invalid portion not been
included herein.
Secs. 54-80 - 54-109. - Reserved.
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.
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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 , 2016.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED: ______
Tybee/Ordinances/2016/2016-32 Amend Art III Special Events 11.21.16
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ORDINANCE NO. 2017-04
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA,
TO AMEND ARTICLE III, SPECIAL EVENTS,
TO REPEAL CONFLICTING ORDINANCES, TO ESTABLISH AN EFFECTIVE DATE 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 adopt ordinances under it police, zoning, and
home rule powers, and
WHEREAS, all special events share one element in common: an assembly of people; and
WHEREAS, the City is an extremely active tourist destination which attracts large
numbers of visitors who reside elsewhere and quite naturally and frequently are less inhibited in
their conduct than they are at home; and
WHEREAS, the Mayor and Council find, and common sense dictates, that tourists often
have no obligatory plans and, in fact, are looking for something fun to do; and
WHEREAS, the presence of large numbers of relatively uninhibited people looking for
something fun to do is fertile ground for an assembly of people relatively unrestrained by the
conventions they would feel at home; and
WHEREAS, any assembly of a large number of people, especially uninhibited people
looking for something to do without any immediate obligations, will create circumstances
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contrary to the health, safety and welfare of the persons assembled and the community as a
whole if adequate preparation for the event is not made and executed; and
WHEREAS, adequate preparation requires notice and an opportunity to organize
resources, and for large events, the contribution of additional resources; and
WHEREAS, special events and tourism is critical to the local economy and, for many
years, the City has investigated, and managed special events; and
WHEREAS, the City has previously adopted an ordinance regulating the conduct of
special events through a permitting process requiring the producer of the event to demonstrate
credible plans to provide event security, municipal type services and event traffic control and to
faithfully execute those plans upon penalty of the city closing the event (the "Article III -
Special Event Ordinance"); and
WHEREAS, the Special Event Ordinance in essence required the event producer to think
through the needs and effects of the event assembly and give the city the information and time
required to coordinate its public safety efforts to accommodate the event and, with adjustments
for lessons learned along the way, the Special Event Ordinance has met those purposes; and
WHEREAS, the Mayor and Council find that the requirements of the Special Event
Ordinance did not diminish the production of events but, in fact, improved them and assisted
novice event producers; and
WHEREAS, in 2015 and before, due to changes in social media and the conduct of large
crowds, the City began to study the need to further regulate special events held within the city
by commercial promoters attracting crowds of people which, on the one hand, is good for the
tourism economy of the City and Chatham County, especially when overnight guests attend, but
on the other hand places a strain on the limited resources of the City to protect persons and
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property by policing the event, policing the off-site activities of the local and visiting attendees
which inevitably accompany such events, and to control event related traffic, sometimes away
from the site; and
WHEREAS, the Mayor and Council find that the predominate business and commerce of
the City, and the basis of its revenue is tourism and that special events are a critical and positive
component of that tourism, and the Mayor and Council declare their intent to continue to
support and encourage special events of all types but determines that additional rules are
necessary to curb the adverse, secondary effects of events which mushroom beyond the capacity
of their venue and logistical support; and
WHEREAS, the City acknowledges that the permit requirements of the Special Event
Ordinance, as amended here, can be easily argued to affect lawful assemblies and speech and
therefor the city has established reasonable time frames adjusted for the size and complexity of
the assembly, to consider and respond to the request for a permit and prompt notice and appeal
rights in the event an application is denied; and
WHEREAS, the Mayor and Council acknowledge that the ways in which the Special
Event Ordinance has been and will be applied are the best evidence of the City's commitment to
special events and to the rights of the event organizers and event participants to assemble, and
finds that, to date, there have been no complaints that staff has applied the existing ordinance
unfairly; and
WHEREAS, to date the Special Event Ordinance has primarily focused upon planned
events; and
WHEREAS, the Mayor and Council find and determine that the advent and virtually
universal spread of social media through the demographic of visitors to the City of Tybee Island
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has, with greater frequency, caused special event type entertainment assemblies to be
commercially produced and promoted very quickly and in hastily created or converted venues
with little or no notice or adequate private or public planning and provision for security, crowd
control, traffic control and parking, and safety, and in some cases these events have
spontaneously occurred with no accountable producer or any planning or preparation (Pop-Up
Events); and
WHEREAS, the Mayor and Council find and determine that both commercial Pop-Up
Events (with an identifiable producer) and spontaneous Pop-Up Events are contrary to the
health, safety and welfare of the community due to the lack of internal planning and control, and
notice to the City to permit external planning and protection; and
WHEREAS, the Mayor and Council also find and determine that the lack of internal and
external planning and control of Pop-Up Events creates secondary effects that frequently
become a public and private nuisance, including by way of example and not limitation, traffic
congestion, pedestrian trespass, vehicular trespass, illegal parking, illegal drug and alcohol use,
violence and other breaches of the peace, especially where a large crowd of pedestrians and
even vehicles are held waiting outside a venue that is at capacity or attempt to access a venue
that has essentially unlimited access; and
WHEREAS, the Mayor and Council also find and determine that commercial Pop-Up
Events will continue and, in fact, increase and that the producers of these events should be
required to think through the needs and effects of the event assembly and give the city the
information and time required to coordinate its public safety efforts to accommodate the
attendees, just as traditional special events which in the past were publicized and promoted
through slower and more predictable media; and
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WHEREAS, the Mayor and Council recognize that spontaneous Pop-Up Events in a non-
commercial venue present a more difficult issue in a free society because they are, in fact, a
spontaneous assembly which is the right of a free people, but the Mayor and Council also find
and determine that when such an assembly begins to create the same adverse effects which are
attendant to an unregulated traditional special event, that is such things as neighborhood trespass
of persons or vehicles, illegal parking, traffic congestion, frequent or repeated violations of the
law facilitated by the anonymity of the crowd, a need for sanitation facilities, etc., then it is
reasonable and lawful to place upon the owner or person in control of the venue, after notice, the
duty under penalty of law to do all that he or she can reasonably do to bring the event under or
within the threshold limits of the criteria which caused the assembly to become problematic; and
WHEREAS, the Mayor and Council find and determine that the placing upon the owner
or person in control of a non-commercial venue where a spontaneous special event occurs the
duty to do all they reasonably can to bring the assembly under control will create a needed
incentive for owners to pay attention to their property and be alert to not allowing assemblies
upon their property to get out of control in the first place; and
WHEREAS, the Mayor and Council also find and determine that the City and other cities
have experienced an entirely new Pop-Up Event phenomenon, that is, a spontaneous special
event "organized" through social media with no accountable producer or promoter, but still
generating the same types of needs and effects as a traditional special event, albeit so far on a
smaller scale; these Pop-Up Events include by way of example and not limitation, "open" house
parties (no invitation required); "pay-party" house parties (no invitation required, leave money
at the door) and large beach assemblies with amplified music; and
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WHEREAS, the Mayor and Council also find and determine that the variety, uniqueness,
innovation and timing of modern special event assemblies, some commercially promoted and
others spontaneously occurring and all frequently publicized and promoted through
instantaneous social media as well as traditional media, require the City to adopt a more flexible
and commonsense approach to defining and determining what is a special event; and
WHEREAS, the Mayor and Council have received and considered extensive testimony
from the public, from promoters and producers of special events and from staff, including the
Fire Chief, the Chief of Police and the City Manager, regarding what should be considered a
special event and the issues and opportunities for mischief accompanying them and, moreover,
the Council members have personally witnessed virtually all of these issues from time to time
and find that the testimony presented in support of this ordinance is consistent with their own,
first-hand experience; and
WHEREAS, by this ordinance, based upon that testimony and experience, the Mayor and
Council intend to establish specific criteria defining and determining what should be considered
a special event under the totality of the circumstances at hand and to authorize staff to apply that
criteria in each specific case; and
WHEREAS, the City has attempted in the past to define special events based primarily
upon anticipated attendance and found that method to be unreliable sometimes in the age of
social media; and
WHEREAS, the Mayor and Council are aware of the inalienable right of citizens in a free
state to assemble peacefully and without creating a public nuisance, and to speak and entertain
freely, but expressly find that the type of assemblies that will trigger the application of this
ordinance create a real and imminent threat to the health, safety and welfare of the event patrons
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as well as the community if the notice, planning, preparation, services and control required by this
ordinance is not provided, and based upon years of experience the City finds that there is no less
intrusive way of handling the situation in the extremely active tourist environment of the City, so
to borrow from Mr. Justice Holmes, "Upon this point a page of history is worth a volume of
logic." N.Y. Trust Co. v. Eisner, 256 U.S. 345, 349 (1941) and the City has been working with
special events for several decades, regulating them for the last; and
WHEREAS, the Mayor and Council are aware that the authority given staff to interpret
and apply the specific criteria established in this ordinance in order that the City may timely
consider the totality of the circumstances in each unique case, may be argued to invite arbitrary
or capricious chilling of the rights of free speech or assembly but, Justice Holmes again, “Great
constitutional provisions must be administered with caution. Some play must be allowed in the
joints of the [government] machine.” Missouri, K&T. Ry. Co. of Texas v. May, 24 S. Ct. 638
(1904); and
WHEREAS, the City finds and determines it necessary to update and amend the Special
Events Ordinance to better regulate traditionally produced and marketed special events and to
add Pop-Up Events because, without these amendments, events will overrun the current law;
and
WHEREAS, the Mayor and Council find and determine that this ordinance will promote
the public good by establishing necessary standards to define special events in the digital age, to
create incentives and mechanisms to promote the public welfare by fostering preparation for,
and curbing the excesses of, assemblies which by these same standards become events needing
some level of support and control to protect persons and property, and therefore that, although
this ordinance contains penalties, it is adopted for a remedial purpose and if challenged should
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nonetheless be given an equitable construction in order to achieve the clear remedial purposes
determined by the legislative Council. N. Securities Co. v. US, 24 S. Ct. 436 (1904); and
WHEREAS, the Mayor and Council recognize the power and discretion that is being
granted to city staff, including the City Manager and Police Chief, and that the City seeks to
provide certain objective standards for the City Manager and Police Chief to use in enforcing
this ordinance, so that the ordinance is narrowly drawn, reasonable, has definite standards
guiding the hands of the city staff; and
WHEREAS, the Mayor and Council recognize that the provisions of this ordinance are
somewhat complex and interrelated by the definitions employed and the form by which the
ordinance is structured, but also find that the events and assemblies upon which the substance of
this ordinance applies are quite varied and must be considered several and not interdependent,
so that if this ordinance is found to be unenforceable, in whole or in part, against one or more
classes of events or assemblies, the remainder may easily be left in force, and should be left in
force for the public good; and
WHEREAS, the governing authority desires to amend Section 54-70 et. seq so as to
clarify same, to repeal all conflicting ordinances, to provide for an effective date and for other
purposes.
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that
Article III, Special Events, of the Code be amended and shall read as follows:
SECTION 1
The Code of Ordinances is hereby amended so as to revise Article III, Special Events, so
that it shall hereafter read as follows:
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ARTICLE III. - SPECIAL EVENTS
Sec. 54-70. Definitions
For the purposes of this Article, Special Event shall mean any assembly of persons upon the
public beaches, public streets or rights of way, or within the City parks or parking lots, where it is either
reasonably anticipated that municipal services will be required, or where additional municipal services are
actually required. There are two general types of special events that require a permit under this Article,
those that are planned and permitted and unplanned/pop up special events.
(a) MUNICIPAL RESOURCES ANTICIPATED TO BE REQUIRED (Planned event). The
gathering is reasonably anticipated to require for its safe and successful execution the provision or
coordination of municipal services by the City or by the event producer to a material degree above that
which the City routinely provides under ordinary, everyday circumstances. Municipal services include,
but are not limited to fire and police protection, crowd control, traffic control, parking control, street
closure, emergency medical services, garbage or trash facilities or clean-up and sanitation facilities
(herein "municipal services:).
(b) MUNICIPAL RESOURCES ACTUALLY REQUIRED (Pop-up Event). The municipal
services required for an unpermitted assembly exceed at any point in time the level of municipal services
typically available from the City for that time and season after taking into consideration the similar,
municipal-type services provided by the person or persons, if any, encouraging the assembly.
Notwithstanding the foregoing, any planned special event to be held in any part of the
beach is presumed to be a special event, except for specifically enumerated exceptions that are a part of
this ordinance. This presumption can be rebutted only by the event producer providing clear and
convincing evidence that, based upon the nature, location, time and season of the event there is a high
degree of probability that the event will not draw a crowd in excess of one person for every seven (7)
square feet of beach controlled by the producer, or where people are gathered for purposes of the event.
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(c) PRODUCER. As used herein, the term “Producer” means an individual, individuals or
any entity that attempts to promote or does promote an event or gathering of people by way of
advertising, social media, directly or indirectly, the event or gathering and promotes the attendance at an
event or gathering and who supervises or finances an event. Such term shall be synonomos with
“promoter” and includes a person or entity who directly or indirectly encourages, persuades, or advertises,
or uses publicity to encourage or persuade attendance at an event or gathering.
Sec. 54-71. Permits.
(a) In the interests of the public's convenience and safety and availability of city services, persons
or organizations wishing to host a special event must first obtain a permit from the city manager or his
designee. The permit application shall include, but not necessarily be limited to, the following information:
(1) Description of event including the location, date/time, activities, entertainers,
estimated number of participants.
(2) Name, address and telephone number of sponsoring organization and its responsible
representative. This includes the name and address of all natural persons or organizations controlling at least a
five percent stake in the event.
(3) Method of notification of participants.
(4) Publicity plan, if open to the general public.
(5) Parking/traffic control requests and concerns.
(6) Public safety requests and concerns, if any.
(7) Impacts on other city services, if any.
(8) Whether alcoholic beverages will be permitted in the event.
(9) Whether there is a request for the City to activate the Festival Zone.
(b) Each application for a special event permit required by this Article shall contain the
information described in Sec. 54-71(a) and must be filed, and the permit fee paid, no less than sixty (60)
days before the opening of the event to the public. Notwithstanding the forgoing, the City Manager
shall accept a tardy application if (i) City staff has the capacity to conduct an ordinary review of the
application without causing material neglect of other staff duties or, (ii) the event promoter stands willing
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and able to pay and deposits a sum of money to cover any overtime for City staff to conduct an ordinary
review of the application, and staff volunteers such overtime, then the City will use reasonable efforts to
process a tardy application in time to allow the event to be held. Applications shall be reviewed in the
order received and priority shall be given to timely filed applications.
(c) All applications shall contain language indemnifying and holding harmless the City, its
elected officials, officers, agents, and employees, in language approved by the City Attorney.
(d) It shall be unlawful to engage, conduct, promote, or provide entertainment to any special
event without first receiving a permit from the City pursuant to this Article.
(e) Exceptions.
(1) Funeral processions;
(2) Students going to and from school classes or participating in educational
activities, provided that such conduct is under the immediate direction and supervision of the proper
school authorities; and
(3) Training exercises conducted by federal, state or local officials, so long as the
training exercise has been approved by the City Manager.
Sec. 54-72. Application and Plan.
(a) Each plan included in the special event application, and any conditions imposed by the
City Manager pursuant to Sec. 54-75(e), shall be continuously implemented during the special event, and
any failure to do so shall result in the automatic suspension of the permit and suspension of the event
until full implementation is made.
(1) Should the actual attendance at any special event, including persons attempting to
enter the event, or the municipal services actually required at a permitted event exceed for a period of one
(1) hour the number or level anticipated by the application and permit, it shall become the duty of all
persons owning or able to control the event or the event venue to take reasonable, diligent, and constant
measures to reduce the excess until the planned number or level is reasonably achieved. The failure of any
such person to immediately, after notice from the City, make a reasonable, diligent and constant effort to
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reduce the excess shall be a violation of this law punishable by civil penalties specified in this Article.
The Chief of Police or his designee is authorized to approve actions to partially or slowly reduce the
excess as compliance if he or she finds (i) that such person is acting in good faith after notice of the
excess, (ii) that full and immediate elimination of the excess will not be feasible and (iii) that it would be
safer to taper down the event rather than to abruptly close the venue or stop the event.
(2) Conversely, should actual attendance fall below the permit estimates for a
sustained period and appear likely to continue at reduced levels, the City Manager or his designee shall
be authorized, but not required, to allow the applicant to reduce staffing to the minimums reasonably
required.
Sec. 54-73. Unpermitted Assembly (Pop-up events).
The City has found and determined that some special events occur without a permit, especially if
attendance is promoted through instantaneous, social media.
(1) If an assembly develops into a special event (without a permit) it shall become the duty of
all persons or entities owning or able to control the special event or who is providing entertainment
encouraging the assembly, to take reasonable, diligent and constant measures to reduce the activity or
circumstances which caused the assembly to become a special event - that is for example but not limited
to, reducing the number of attendees, or to provide the additional municipal type services needed to
regulate event traffic, maintain the peace and protect the public health and safety. The failure of any
such person or entity to immediately after notice from the city make a reasonable, diligent and constant
effort to reduce the event attendance or otherwise provide adequate services, to the satisfaction of the
Chief of Police or his/her designee shall be a violation of this law punishable by civil penalties specified
in this Article. The Chief of Police or his designee is authorized to approve actions to partially or slowly
reduce the event attendance to a point where it is not considered a special event if he or she finds (i) that
such person is acting expeditiously and reasonably to employ feasibly available resources to address the
issues after notice that the assembly has become a special event, (ii) that full reduction to the criteria
threshold will not be feasible and (iii) that it would be safer to taper down the event rather than to
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abruptly close the venue or stop the event.
(2) Whether a spontaneous assembly has developed into a special event based upon
attendance or a need for municipal services (as those services are defined in this Article), shall be
determined by an objective and reasonable examination of the totality of the circumstances at hand,
including but not limited to the following factors:
(a) With respect to attendance and attempted attendance:
(i) Whether the attendance is ticketed.
(ii) Actual attendance at prior, similar events.
(iii) The extent of commercial promotion and advertisement of the event,
especially promotion outside of the City of Tybee, by traditional or digital means, but excluding
spontaneous social media not initiated, encouraged or orchestrated by a commercial event producer or
any person acting on behalf of the event producer or any person with a financial or other personal interest
in the event ("spontaneous social media").
(iv) The extent of spontaneous social media encouraging attendance at the
assembly.
(v) Whether the location and configuration the assembly, and the nature and
presence (sight and sound) of the event, will be likely to draw attendees or observers from the public at
large.
(vi) The number in attendance and attempting to attend shall be determined
by the Chief of Police or his designee using recognized or previously established law enforcement
estimating techniques.
(b) With respect to municipal services actually required:
(i) Repeated pedestrian trespass.
(ii) Repeated vehicular trespass.
(iii) Illegal parking.
(iv) Traffic congestion.
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(v) Apparent need for sanitation facilities as evidenced by public urination
or other bodily functions.
(vi) Repeated and flagrant instances of illegal activity.
(vi) Repeated noise ordinance violations after notice, including differing
offenders.
(vii) Unusual amount of trash being abandoned with no apparent resources
available to clean up after event.
(viii) Unusual or repeated need for medical assistance.
(3) When the City is aware of the planning of an assembly in which the Chief of Police
determines is more likely than not to become a special event, as defined by this ordinance, then the City
Manager may notify anyone promoting, organizing, or otherwise planning to attend that they may be
subject to this ordinance and all resulting criminal and civil penalties. Said communication shall also
include a copy of a special event application and a copy of this ordinance.
(4) In addition to the procedures described above, the Mayor and Council of the City may by
resolution impose restrictions on activities including, but not limited to, the public consumption of
alcoholic beverages in areas designated in such resolution upon a report to the Mayor and Council that an
unpermitted event is being promoted and advertised, published on social media, or by leaflets or by other
means where such promotion reasonably indicates to the Mayor and Council that there is an immediate
risk to the public safety, welfare, citizens and property of those participating in the event and residents of
the City. Upon the passage of any such resolution pursuant to the provisions of this subsection, the
resolution shall be posted on the City’s website and publication and dissemination thereof shall be
encouraged and notice thereof shall be disseminated to the fullest extent possible so as to alert the public,
the event producers or promoters and all persons whatsoever of the lack of permission for the event
and/or a prohibition on the public consumption of alcoholic beverages during such dates, times and
locations as set forth in the resolution.
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Sec. 54-74. Fees.
(a) As part of the application review process, together with the services requested by the
applicant, the city manager shall set fees to defray the costs of city services for special events to be determined
on the basis of actual expected costs. The costs shall be the marginal costs directly associated with the special
event above what the general public would generally require. Such fees may be adjusted to the extent that the
city co-sponsors a special event, as determined by the city manager. In the instance of a spontaneous
unpermitted special event, where the City incurs marginal costs directly associated with the unpermitted
special event, the fee shall still be calculated and applicable as further provided herein.
(b) The level of municipal services required shall be determined by an objective, reasonable
examination of the totality of the circumstances, including but not limited to the following factors:
(1) The size of the assembly and the anticipated attendance.
(2) The location of the event to determine the potential for pedestrian and vehicular
congestion.
(3) The nature of the event, the activities planned during it and the weather
conditions of the season to evaluate the danger of harm to persons and property such as a fireworks
explosion, a collision of participants or spectators, spectator or participant heatstroke, drowning, and the
like.
(4) The historical density of visitors to the City during the annual season of the
event and the type of activities, safe and unsafe, in which those visitors have historically engaged.
(5) Whether the assembly is specifically designed and staffed to handle the
anticipated needs and effects of the anticipated number of attendees.
(c) The City shall notify the applicant of the municipal services fee, and if requested grant a
meeting with the City Manager to confer with the applicant about the fee. If the applicant does not accept
the type and extent of municipal services listed and the amount of the municipal services fee, the City
shall nonetheless proceed in ordinary course to complete the application process and either deny the
permit through the process contained in this Article without consideration of the applicant's objection to
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the fee, or if the applicant is entitled to the permit then grant the permit upon the condition that the
municipal services fee be paid before the permit becomes valid or effective. The applicant shall have the
right to appeal to the Mayor and Council the type and extent of services required and the amount of the
fee by letter filed with the City Clerk within three (3) business days after the City shall provide the
applicant the itemization and amount of the fee which notice shall state that the applicant may appeal
within three business days. The Mayor and Council shall uphold or lessen the fee based upon information
about the extent of services to be rendered by the City directly related to the event and the cost of those
services as presented by City Manager or his/her designee and the applicant in a de novo, quasi-judicial
hearing held as soon as may be practicable. The Mayor and Council's decision, including its reasons
therefore, shall be announced at the conclusion of the hearing and entered onto the record thereof which
shall constitute the Council's final order in any subsequent proceedings. The hearing may be continued
from time to time in the sole discretion of the Mayor and Council. If the Mayor and Council is unable to
timely conduct or conclude the hearing in time for the event to be held pursuant to an otherwise valid
permit, the applicant may pay to the City the disputed fee under protest, and the permit shall become
effective so that the event may be held, in which case the hearing shall be held and concluded after the
event at a mutually convenient time. If the fee is upheld, it shall be accepted by the City; if it is reduced
the reduction shall be refunded to the applicant.
(d) In the event of an unplanned and unpermitted special event, anyone who promoted, planned,
executed, provided entertainment, or attended shall be responsible for the applicable municipal services fee.
This includes anyone that promotes through social media. The City Manager is authorized to direct the City
Attorney to pursue all legal remedies necessary to collect any fees that are authorized pursuant to ordinance.
(Code 1983, § 7-1-2)
Sec. 54-75. Action on the Application and Appeal.
(a) The City Manager must decide to grant or deny an application at the earliest possible
time after receipt.
(b) The City Manager may deny a permit only on one or more of the following grounds:
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(1) The permit application is incomplete; a complete application is one that provides
all the information or items required by this Article regardless of the sufficiency of the information or
item.
(2) The application fee has not been paid;
(3) The proposed event is unlawful;
(4) The application contains a material falsehood or misrepresentation;
(5) It reasonably appears that the proposed event will present a clear and present
danger to the public safety or health;
(6) The proposed event is of such a nature or duration that it cannot be reasonably
accommodated in the particular location; or
(7) The applicant has refused to attend or participate in good faith in a pre-permit
meeting requested by the City Manager following reasonable notice and scheduling attempts by the
City Manager and failed to propose reasonable alternatives.
(c) The City Manager is expressly prohibited from denying any permit based upon the
identity of any speaker or entertainer or the viewpoint, content, or type of speech or expression to be
displayed so long as such speech or expression is lawful.
(d) Every denial of a permit shall be in writing and shall clearly explain the reason(s) for
denial. A denial of a permit application as "incomplete" must identify the specific information required
by this Article which was not provided. A denial based upon the unlawfulness of an event must identify
the law or regulation prohibiting such conduct. A denial based upon a clear and present danger to the
public safety or health must identify the specific conditions which reasonably give rise to the danger. A
denial based upon the fact that the proposed event cannot be reasonably accommodated in the particular
location applied for must state specific reasons why the area is unsuitable for the event. A denial based
upon an applicant's refusal to attend or participate in good faith in a pre-permit meeting, or suggest an
alternative, shall identify the steps taken to provide reasonable notice and scheduling of such meeting
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and, if applicable, any conduct at the meeting demonstrating bad faith participation by the applicant. The
purpose of the requirement is to allow the applicant to know the grounds upon which the permit was
denied and to permit Mayor and Council the opportunity to verify and confirm the objective validity of
any denial and to ensure that any limited discretion given to the City Manager under this Ordinance is
not abused so as to disfavor protected speech or expression.
(e) The City Manager may condition any permit with reasonable requirements concerning
the time, place or manner of holding a special event as is necessary to coordinate municipal services,
multiple uses of public property, assure preservation of public property and public places, prevent
dangerous, unlawful or impermissible uses, protect the safety of persons and property and to control
vehicular and pedestrian traffic in and around the venue, provided that such requirements are narrowly
tailored to address these concerns and are not implemented for the purpose of regulating or restricting
protected speech or expressive conduct.
All permit applications shall be deemed granted as applied for if the City Manager does
not grant, grant with conditions, or deny the permit in writing within thirty (30) calendar days of receiving
an application. A permit which is granted automatically under this section is conditioned upon any
required city services fee being paid before the permit becomes valid or effective. If an applicant
disagrees with the fee required, the provisions of Sec. 54-71(c) shall control. The automatic granting of
permits provided in this section shall not apply if:
(1) The permit application fee has not been paid;
(2) The City Manager has indicated his intent to deny a permit and the applicant has
agreed, in writing, to supply the City Manager with additional information which may allow the permit to
be granted. In this case, the permit application will be deemed granted if the City Manager does not grant,
grant with conditions, or deny the permit in writing within ten calendar days of receipt of the additional
information, unless the applicant agrees in writing to provide further additional information, which shall
renew the terms and time-frames of this paragraph; or
(3) The City Manager requests additional time to review the application and the
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request is agreed to in writing by the applicant. In this case, the permit application will be deemed granted
if the City Manager does not grant, grant with conditions, or deny the permit in writing by the expiration
of the agreed date.
(f) Every denial of a permit and every conditional grant of a permit challenged by an
applicant is appealable to the Mayor and Council by letter filed with the City Clerk within three (3) business
days after receipt of the denial or proposed conditional grant. The Mayor and Council shall grant or deny the
permit, or uphold or rescind the conditions, based upon information presented by the applicant and the City
Manager or his designee in a de novo, quasi-judicial hearing held as soon as practicable. The Mayor and
Council's decision, including its reasons therefor, shall be announced at the conclusion of the hearing and
entered onto the record thereof which shall constitute the Mayor and Council's final order in any subsequent
proceedings and which may, but shall not be required to, express findings of fact and conclusions of law.
The hearing may be continued from time to time in the sole discretion of the Mayor and Council, provided
that if the Mayor and Council does not render a final order within fifteen (15) days after filing of the letter of
appeal the permit shall be deemed granted.
Sec. 54-76. Penalty for violation.
In addition to any civil penalties that the City may pursue, any person convicted of violating any of the
provisions of this article shall be punished by a fine not to exceed $1,000.00 or imprisonment for a term not
exceeding 60 days or by both such fine and imprisonment.
(Code 1983, § 7-1-4)
Sec. 54-77. Liquor prohibited.
Consistent with the provisions of section 6-12, no liquor may be sold or otherwise distributed at any
special event conducted under the provisions of this article except for special events conducted on private
property and approved by the mayor and council.
(Ord. of 4-10-2008(4); Ord. of 9-25-2008(2))
Sec. 54-78. Weather and other changes.
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Once a special event has been permitted, location and date changes necessitated by weather events or
other calamity shall not require further permitting, and all authorizations and licenses or permissions applicable
to the original permit shall continue to the extent applicable. Notwithstanding the foregoing, the permit holder
must cooperatively work with staff on different dates, locations and times.
The City Manager shall have the authority to revoke a permit in the event that weather or other environmental
conditions presents a substantial likelihood of danger to the public, and event organizers and attendees.
(Ord. of 9-25-2008(2))
Secs. 54-79. Severability.
Should any section, provision, or clause of any part of this ordinance be declared invalid
or unconstitutional, or if the provisions of any part of this ordinance as applied to any particular
situation or set of circumstances be declared invalid or unconstitutional, such invalidity shall not
be construed to affect portions of this ordinance not so held to be invalid, or the application of
this ordinance to other circumstances not so held to be invalid. It is hereby declared as the intent
of the City that this ordinance would have been adopted had any such invalid portion not been
included herein.
Secs. 54-80 - 54-109. - Reserved.
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.
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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 , 2016.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED: ______
Tybee/Ordinances/2016/2016-32 Amend Art III Special Events 11.21.16
Tybee/Ordinances 2017/04-2017 Amend Art III Spec Events 01.03.17
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Sec. 3-080. - Off-street parking requirements.
(A) In all zoning districts, handicapped parking shall be provided as required by the O.C.G.A. tit. 30,
Accessibility Code.
(B) Residential district parking requirements and residential off-street parking requirements. Off-street
parking facilities shall be provided and maintained on site for all buildings, structures or premises being used in whole or in part for residential purposes, or for any other use permitted in residential
districts.
(1) Residential dwelling units. For every dwelling unit, there shall be provided at least two off-street parking spaces. A caretaker's cottage is a separate dwelling unit and shall be provided at least two off-street parking spaces.
(2) Nursing homes, hospitals. One parking space for each five patient beds, plus one space for
each staff doctor, plus one space for each employee on the largest shift.
(3) Theaters, auditoriums, gymnasiums and other places of assembly. One parking space for each
four seats provided in the main auditorium or for each 50 square feet of floor area available for
the accommodation of movable seats in the largest assembly room or area.
(4) Public and private elementary and secondary schools (except assembly halls, auditoriums and
gymnasium used in conjunction therewith). One parking space for each 200 square feet of
gross floor area devoted to such use.
(5) Private docks. At least two off-street parking spaces must be provided for any private dock proposed for construction on a lot that has not been otherwise improved. In the event that a
private dock is proposed on a lot that has not been improved, the parking must be off-street (not on city right-of-way) and pervious.
(C) Control of access to structures used for residential purposes including but not limited to single family, duplex, triplex, two family, multifamily, townhomes, apartments, time shares, and condominiums
whether owner occupied or held for rental. In order to promote the safety of motorists and pedestrians, the following regulations shall apply to all newly constructed driveways:
(1) A driveway opening which connects a lot with a public street shall not be greater than 25 feet in width at the property line. Driveways that serve duplex lots shall not have a width greater than
15 feet per unit measured at the property line. This section is not intended to prevent the installation of flared driveway ends. These flared ends, when constructed in accordance with
adopted standards and specifications, shall not count towards the width of the driveway.
(2) There shall be no more than two driveway openings on any lot of any width. The total of the
widths at the property line of two driveway openings shall not be greater than 25 feet.
(3) No driveway opening shall be constructed within 25 feet of an intersection, measuring from the
nearest improved portion of the right-of-way. However, in any instance where there is not adequate space available and other access is not feasible, staff may permit a reduction in the
distance to an intersection from a driveway in order to permit safe access to the property provided the speed limit on abutting or adjacent roads is 30 miles per hour or less.
(4) No curb on any city street or right-of-way shall be cut or otherwise altered without prior written approval of the designated city official. Driveway requirements specified in this section,
notwithstanding, staff may issue a permit to a residential property owner to place approved materials in the city right of way, provided the owner is informed and acknowledges that the city
will maintain the right to initiate any required action within the right of way and that permitting materials in the right of way shall not create any vested rights in the property owner and such
permission may be terminated at any time. In addition, such permit by staff may only be made in the event the improvement does not create a safety issue or interfere with city metered parking
and does not violate any city ordinance including, but not limited to, the requirements of section 3-165 to maintain 65 percent of the property setback area as greenspace. If the staff of the
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building and zoning department finds that a request under this section needs or should have additional review for any reason, it may request review by the mayor and council or, if the staff
of the building and zoning department declines the applicant's request, the applicant may apply for the granting of the permit which will result in the application going to the mayor and council.
However, before the mayor and council, a public hearing is not required but action may only be taken at a public meeting of the mayor and council.
(5) For water quality purposes, all newly constructed driveways and replacements of more than 50 percent of existing driveways serving residential uses shall be constructed of materials
designed to allow retention of the first one inch of stormwater. A new driveway includes the initial placement of any material on bare soil. Such new driveways and replacements of more
than 50 percent of an existing driveway are subject to permitting and inspection(s). A permit and inspection(s) are also required for repair of less than 50 percent of an improved driveway. The
retention requirement is based on a 24-hour, 25-year Tybee III SCS storm. A permit is required for installation of a new or replacement driveway. An inspection is required of each layer prior to
the next layer being installed. The permit applicant shall be responsible for all engineering fees incurred by the city for review of materials, even when a material is not approved. Acceptable
materials include:
a. Stone must be either AASHTO #57, #67, #78, or #89 open graded with no fines, or pea
gravel with no fines, or a combination of two or more. Graded aggregate base (also known as "crusher run" or "crush and run") is not allowed.
b. Standard brick pavers are four-inch by eight-inch with minimum five-sixty-fourths-inch average continuous joints/borders with eight one-eighth-inch wide spacers per paver filled
with masonry sand. See item (c) for base and header requirements. If larger bricks are used, thereby creating less linear joint and surface area joint, calculations by a state
licensed design professional must be reviewed and approved by the city. See engineering fee information in subsection (1).
c. Permeable interlocking concrete pavers (PICP) are solid structural units installed with openings as described in the coastal stormwater supplement (CSS) through which
stormwater runoff can rapidly pass into the underlying reservoir of a four-inch minimum depth open-graded stone, no fines. Openings may be filled only with pea gravel or larger
stone, or with masonry sand. A concrete header curb or paver/concrete block ribbon with a maximum width of eight inches must be installed around the perimeter of the pavers.
Building foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not serve as a perimeter. Flush headers and ribbons are included in
the driveway measurements. To not be included in the driveway measurements a header or ribbon must be installed lower than the driveway pavers, covered with adequate top soil,
and seeded or sodded to facilitate vegetation.
d. Ribbon driveway designs are normally constructed of concrete but other materials may be
considered. The ribbons are to be a maximum of 18 inches wide with a one to two percent cross slope to route runoff to adjacent pervious areas rather than down the strips to the
street. The area between the strips may be either grass or stone as described in subsection (a). The area between the drive strips is to be flush or one-eighth-inch below
the driving strip to encourage the percolation of stormwater runoff between the driving strips.
e. Concrete grid pavers (CGP) are precast concrete units that allow rainfall and stormwater runoff to pass through large openings that are filled with pea gravel, sand or topsoil and
turf. A concrete header curb or brick/concrete block ribbon with a maximum width of 12 inches (flush or one-eighth-inch higher than the contained permeable pavement) must be
installed around the perimeter of the permeable pavement. Building foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not
serve as a perimeter. Header and ribbons are included in the driveway measurements. To not be included in the driveway measurements a header or ribbon must be installed lower
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than the driveway pavers, covered with adequate top soil, and seeded or sodded to facilitate vegetation.
f. Plastic grid pavers (PGP) consist of flexible, interlocking plastic units that allow rainfall and stormwater runoff to pass through large openings that are filled with gravel, sand or topsoil
and turf. A header curb is required and is included in the driveway measurement.
g. Pervious concrete (also known as porous concrete) is similar to conventional concrete in
structure and form, but consists of a special open-graded surface course, typically four to eight inches thick, that is bound together with Portland cement.
h. Porous asphalt is similar to pervious concrete, and consists of a special open-graded surface course bound together by asphalt cement.
For all other proposed materials, calculations are required from a state licensed design professional demonstrating compliance with the retention requirement of this section.
(D) Commercial off-street parking. Off-street parking facilities shall be provided and maintained for all structures or premises being occupied or used in whole or in part for commercial activity as follows:
(1) One parking space per each 200 square feet of retail or commercial gross leasable floor area.
(1) With the submission of an application for a business license for either a new business or a
business that has expanded the occupancy load of the principle structure, changed use, or created additional occupant loads through other structures where permitting has been required
by the city, a parking plan must be submitted with the application for approval by the designated city official. If the plan represents significant changes in parking, the plan may be determined to
require site plan approval by the mayor and council.
(3) Restaurants, nightclubs, beer parlors and similar establishments shall provide one parking
space for each four seats based on a maximum seating capacity of 15 square feet per person plus one space for each two employees. Maximum seating capacity is calculated on the entire
seating square footage including outdoor seating area.
(4) A miniature golf course shall provide one parking space for every two holes.
(5) Hotels, motels:
a. One parking space for each guest unit without a kitchen facility.
b. Two parking spaces for each guest unit with a kitchen facility.
c. Two parking spaces for each manager's unit.
d. One parking space per each 200 square feet of retail or commercial gross leasable floor area.
e. One parking space for every two employees.
f. One designated delivery/loading zone.
g. Recreational vehicle overnight connection facilities are prohibited.
Commercial Parking Requirements
Use Parking Requirement
Retail (free standing) 1 space per 300 square feet of gross floor area
Shopping center 1 space per 400 square feet of gross floor area
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Restaurants, bars, and similar
1 space per every 6 seats based on a maximum seating of 15
square feet per person plus one space for every two employees.
Maximum seating capacity is calculated on entire seating area
including outdoor seating
Drive through business-no seating
1 space per employee, one space for customer waiting area, two
spaces per walk up window
Miniature golf 1 space per 2 holes
Hotel, motel
1 space per guest unit
1 space per managers unit
1 space per 2 employees per busiest shift
1 designated delivery/loading zone
Associated retail or restaurant/bar parking requirements shall
be calculated at 50% of requirement as listed elsewhere in this
table
Recreational vehicle overnight hookups are prohibited
Grocery store 1 space for every 300 square feet of gross floor area
Office 1 space per 350 square feet of gross floor area
Assembly 1 space per 5 seats
Day Care 1 space per employee plus 2 additional spaces
Beauty salon/barber shop 1 space per chair plus one space per every 2 employees
Public laundromat
1 space per 4 washing and/or drying machines plus 1 space per
employee
Auto repair/service center 3 spaces per repair bay
Dry cleaner 1 space per employee plus 2 additional spaces
Parking requirements for uses not listed shall be determined by the Community Development Director
by determining most similar use
These requirements will only be applicable to new development or redevelopment after the date of
the second reading of this ordinance to be inserted here________________.
(2) For all uses, a rack able to accommodate eight bicycles may be substituted for one required
standard parking space based on the schedule below. The calculation to meet the handicap
parking requirement of subsection (A) shall be based on the number of required parking spaces prior to any rack substitution.
Required Parking Spaces Number Of Substitute
Racks Allowed
10 or fewer 1
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11 — 49 2
50 or more 3
(3) Maritime district.
a. Parking shall be in conformance with the off-street requirements of the uses referenced in
this section and the required dimensions of section 3-090.
b. Dock operators must provide one parking space for every 20 linear feet of each side of
dock designated for recreational boaters. Docks leased to commercial boats must allow for one space per boat, plus one space per crew member and one space per each four seats
for charter passengers.
c. All changes to parking in the maritime district that involve loading, unloading and
transporting of boats will require a parking plan submitted to the city detailing the turn radii of drive aisles.
(E) Off-street parking dimensions.
Standard Aisle Width Parking Angle Traffic Direction
8 × 20 feet 12 feet Parallel One-way
8 × 20 feet 24 feet Parallel Two-way
9 × 18 feet 15 feet 45 degrees One-way
9 × 18 feet 18 feet 60 degrees One-way
9 × 18 feet 24 feet 60 degrees Two-way
9 × 18 feet 22 feet 75 degrees One-way
9 × 18 feet 24 feet 90 degrees One-way or Two-way
Low Speed Vehicles & Golf Carts
(without a charging station) Motorcycles & Scooters
6 × 11 feet 5 × 9 feet
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Dimensions of angle parking spaces:
Angle Distance from curb Curb distance Offset
45 15' 12' 7" 15'
60 16' 10' 4" 9'
75 17' 9' 4" 4' 6"
90 18' 9' 0
(F) Exemptions from off-street parking requirements.
(1) Existing structures with 2,000 square feet or less of floor area that exist in a C-1 zoning district
may expand the floor area up to 4,000 square feet without having to meet the off-street parking requirements as long as the structure is completely located within 1,000 feet of a municipal parking lot.
(2) A structure whose primary use is a church or place of religious worship shall be exempt from all
off-street parking requirements.
(Ord. No. 2000-08, 2-11-2000; Ord. No. 1995-17, 12-7-1995; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2004-12, amended 1-31-2005; Ord. No. 2004-10, amended 10-12-2004;
Ord. No. 2004-10, amended 6-10-2004; Ord. No. 2000-08, 5-24-2000; Manual, amended 11-10-
1999; Ord. of 1-12-2006; Ord. No. 13-2011, 4-14-2011; Ord. No. 04A-2013, 2-14-2013; Ord.
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No. 18-2013, § 1, 5-23-2013; Ord. No. 03-2014, § 1, 1-9-2014; Ord. No. 28-2014, § 1, 4-10-
2014; Ord. No. 13B-2014, § 1, 8-14-2014; Ord. No. 07-A-2015, § 1, 4-23-2015)
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1644665.1
ORDINANCE NO. 02-2017
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA, AS TO SECTION 3-080 RELATING TO OFF-STREET PARKING REQUIREMENTS,
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, including the environment thereof; 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 Section 3-080 so as to address
Off street parking in C-2 commercial zone to change the requirements therefor, and to repeal
conflicting ordinances and for other purposes.
NOW, THEREFORE, It is hereby ordained by the governing authority of the City of
Tybee Island that The Code of the City of Tybee Island, Section 3-080, Off-street parking
requirements, be amended so that hereafter the section shall read as hereinafter provided.
SECTION 1
The Code of Ordinances is hereby amended as to Section 3-080, Off-street parking
requirements, which shall read as attached.
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.
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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 , 2016.
______________________________ MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
572-000001/Ordin/22-2016 Off street parking 08.02.16 Ordin 2017/02-2017 Off street parking rev by GShaw 12.12.16
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Sec. 3-080. - Off-street parking requirements.
(A) In all zoning districts, handicapped parking shall be provided as required by the O.C.G.A. tit. 30, Accessibility Code.
(B) Residential district parking requirements and residential off-street parking requirements. Off-street parking facilities shall be provided and maintained on site for all buildings, structures or premises being used in whole or in part for residential purposes, or for any other use permitted in residential districts.
(1) Residential dwelling units. For every dwelling unit, there shall be provided at least two off-street
parking spaces. A caretaker's cottage is a separate dwelling unit and shall be provided at least
two off-street parking spaces.
(2) Nursing homes, hospitals. One parking space for each five patient beds, plus one space for
each staff doctor, plus one space for each employee on the largest shift.
(3) Theaters, auditoriums, gymnasiums and other places of assembly. One parking space for each
four seats provided in the main auditorium or for each 50 square feet of floor area available for the accommodation of movable seats in the largest assembly room or area.
(4) Public and private elementary and secondary schools (except assembly halls, auditoriums and
gymnasium used in conjunction therewith). One parking space for each 200 square feet of
gross floor area devoted to such use.
(5) Private docks. At least two off-street parking spaces must be provided for any private dock
proposed for construction on a lot that has not been otherwise improved. In the event that a private dock is proposed on a lot that has not been improved, the parking must be off-street (not on city right-of-way) and pervious.
(C) Control of access to structures used for residential purposes including but not limited to single family,
duplex, triplex, two family, multifamily, townhomes, apartments, time shares, and condominiums whether owner occupied or held for rental. In order to promote the safety of motorists and
pedestrians, the following regulations shall apply to all newly constructed driveways:
(1) A driveway opening which connects a lot with a public street shall not be greater than 25 feet in
width at the property line. Driveways that serve duplex lots shall not have a width greater than 15 feet per unit measured at the property line. This section is not intended to prevent the
installation of flared driveway ends. These flared ends, when constructed in accordance with adopted standards and specifications, shall not count towards the width of the driveway.
(2) There shall be no more than two driveway openings on any lot of any width. The total of the widths at the property line of two driveway openings shall not be greater than 25 feet.
(3) No driveway opening shall be constructed within 25 feet of an intersection, measuring from the nearest improved portion of the right-of-way. However, in any instance where there is not
adequate space available and other access is not feasible, staff may permit a reduction in the distance to an intersection from a driveway in order to permit safe access to the property
provided the speed limit on abutting or adjacent roads is 30 miles per hour or less.
(4) No curb on any city street or right-of-way shall be cut or otherwise altered without prior written
approval of the designated city official. Driveway requirements specified in this section, notwithstanding, staff may issue a permit to a residential property owner to place approved
materials in the city right of way, provided the owner is informed and acknowledges that the city will maintain the right to initiate any required action within the right of way and that permitting
materials in the right of way shall not create any vested rights in the property owner and such permission may be terminated at any time. In addition, such permit by staff may only be made in
the event the improvement does not create a safety issue or interfere with city metered parking and does not violate any city ordinance including, but not limited to, the requirements of section
3-165 to maintain 65 percent of the property setback area as greenspace. If the staff of the building and zoning department finds that a request under this section needs or should have
additional review for any reason, it may request review by the mayor and council or, if the staff
20170112CityCouncilPacketAmended Page 308 of 335 20170106/jrl
of the building and zoning department declines the applicant's request, the applicant may apply for the granting of the permit which will result in the application going to the mayor and council.
However, before the mayor and council, a public hearing is not required but action may only be taken at a public meeting of the mayor and council.
(5) For water quality purposes, all newly constructed driveways and replacements of more than 50 percent of existing driveways serving residential uses shall be constructed of materials
designed to allow retention of the first one inch of stormwater. A new driveway includes the initial placement of any material on bare soil. Such new driveways and replacements of more
than 50 percent of an existing driveway are subject to permitting and inspection(s). A permit and inspection(s) are also required for repair of less than 50 percent of an improved driveway. The
retention requirement is based on a 24-hour, 25-year Tybee III SCS storm. A permit is required for installation of a new or replacement driveway. An inspection is required of each layer prior to
the next layer being installed. The permit applicant shall be responsible for all engineering fees incurred by the city for review of materials, even when a material is not approved. Acceptable
materials include:
a. Stone must be either AASHTO #57, #67, #78, or #89 open graded with no fines, or pea
gravel with no fines, or a combination of two or more. Graded aggregate base (also known as "crusher run" or "crush and run") is not allowed.
b. Standard brick pavers are four-inch by eight-inch with minimum five-sixty-fourths-inch average continuous joints/borders with eight one-eighth-inch wide spacers per paver filled
with masonry sand. See item (c) for base and header requirements. If larger bricks are used, thereby creating less linear joint and surface area joint, calculations by a state
licensed design professional must be reviewed and approved by the city. See engineering fee information in subsection (1).
c. Permeable interlocking concrete pavers (PICP) are solid structural units installed with openings as described in the coastal stormwater supplement (CSS) through which
stormwater runoff can rapidly pass into the underlying reservoir of a four-inch minimum depth open-graded stone, no fines. Openings may be filled only with pea gravel or larger
stone, or with masonry sand. A concrete header curb or paver/concrete block ribbon with a maximum width of eight inches must be installed around the perimeter of the pavers.
Building foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not serve as a perimeter. Flush headers and ribbons are included in
the driveway measurements. To not be included in the driveway measurements a header or ribbon must be installed lower than the driveway pavers, covered with adequate top soil,
and seeded or sodded to facilitate vegetation.
d. Ribbon driveway designs are normally constructed of concrete but other materials may be
considered. The ribbons are to be a maximum of 18 inches wide with a one to two percent cross slope to route runoff to adjacent pervious areas rather than down the strips to the
street. The area between the strips may be either grass or stone as described in subsection (a). The area between the drive strips is to be flush or one-eighth-inch below
the driving strip to encourage the percolation of stormwater runoff between the driving strips.
e. Concrete grid pavers (CGP) are precast concrete units that allow rainfall and stormwater runoff to pass through large openings that are filled with pea gravel, sand or topsoil and
turf. A concrete header curb or brick/concrete block ribbon with a maximum width of 12 inches (flush or one-eighth-inch higher than the contained permeable pavement) must be
installed around the perimeter of the permeable pavement. Building foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not
serve as a perimeter. Header and ribbons are included in the driveway measurements. To not be included in the driveway measurements a header or ribbon must be installed lower
than the driveway pavers, covered with adequate top soil, and seeded or sodded to facilitate vegetation.
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f. Plastic grid pavers (PGP) consist of flexible, interlocking plastic units that allow rainfall and stormwater runoff to pass through large openings that are filled with gravel, sand or topsoil
and turf. A header curb is required and is included in the driveway measurement.
g. Pervious concrete (also known as porous concrete) is similar to conventional concrete in
structure and form, but consists of a special open-graded surface course, typically four to eight inches thick, that is bound together with Portland cement.
h. Porous asphalt is similar to pervious concrete, and consists of a special open-graded surface course bound together by asphalt cement.
For all other proposed materials, calculations are required from a state licensed design
professional demonstrating compliance with the retention requirement of this section.
(D) Commercial off-street parking. Off-street parking facilities shall be provided and maintained for all structures or premises being occupied or used in whole or in part for commercial activity as follows:
(1) With the submission of an application for a business license for either a new business or a business that has expanded the occupancy load of the principle structure, changed use, or created
additional occupant loads through other structures where permitting has been required by the city, a parking plan must be submitted with the application for approval by the designated city official. If the
plan represents significant changes in parking, the plan may be determined to require site plan approval by the mayor and council.
Commercial Parking Requirements
Use Parking Requirement
Retail (free standing) 1 space per 300 square feet of gross floor area
Shopping center 1 space per 400 square feet of gross floor area
Restaurants, bars, and similar
1 space per every 6 seats based on a maximum seating of
15 square feet per person plus one space for every two
employees. Maximum seating capacity is calculated on
entire seating area including outdoor seating
Drive through business-no
seating
1 space per employee, one space for customer waiting
area, two spaces per walk up window
Miniature golf 1 space per 2 holes
Hotel, motel
1 space per guest unit
1 space per managers unit
1 space per 2 employees per busiest shift
1 designated delivery/loading zone
Associated retail or restaurant/bar parking requirements
shall be calculated at 50% of requirement as listed
elsewhere in this table
Recreational vehicle overnight hookups are prohibited
Grocery store 1 space for every 300 square feet of gross floor area
Office 1 space per 350 square feet of gross floor area
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Assembly 1 space per 5 seats
Day Care 1 space per employee plus 2 additional spaces
Beauty salon/barber shop 1 space per chair plus one space per every 2 employees
Public laundromat
1 space per 4 washing and/or drying machines plus 1 space
per employee
Auto repair/service center 3 spaces per repair bay
Dry cleaner 1 space per employee plus 2 additional spaces
Parking requirements for uses not listed shall be determined by the Community Development
Director by determining most similar use
These requirements will only be applicable to new development or redevelopment after the
date of the second reading of this ordinance to be inserted here________________.
(2) For all uses, a rack able to accommodate eight bicycles may be substituted for one required standard parking space based on the schedule below. The calculation to meet the handicap
parking requirement of subsection (A) shall be based on the number of required parking spaces prior to any rack substitution.
Required Parking Spaces Number Of Substitute
Racks Allowed
10 or fewer 1
11 — 49 2
50 or more 3
(3) Maritime district.
a. Parking shall be in conformance with the off-street requirements of the uses referenced in
this section and the required dimensions of section 3-090.
b. Dock operators must provide one parking space for every 20 linear feet of each side of
dock designated for recreational boaters. Docks leased to commercial boats must allow for one space per boat, plus one space per crew member and one space per each four seats for charter passengers.
c. All changes to parking in the maritime district that involve loading, unloading and
transporting of boats will require a parking plan submitted to the city detailing the turn radii of drive aisles.
(E) Off-street parking dimensions.
Standard Aisle Width Parking Angle Traffic Direction
8 × 20 feet 12 feet Parallel One-way
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8 × 20 feet 24 feet Parallel Two-way
9 × 18 feet 15 feet 45 degrees One-way
9 × 18 feet 18 feet 60 degrees One-way
9 × 18 feet 24 feet 60 degrees Two-way
9 × 18 feet 22 feet 75 degrees One-way
9 × 18 feet 24 feet 90 degrees One-way or Two-way
Low Speed Vehicles & Golf Carts
(without a charging station) Motorcycles & Scooters
6 × 11 feet 5 × 9 feet
Dimensions of angle parking spaces:
Angle Distance from curb Curb distance Offset
45 15' 12' 7" 15'
60 16' 10' 4" 9'
75 17' 9' 4" 4' 6"
90 18' 9' 0
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(F) Exemptions from off-street parking requirements.
(1) Existing structures with 2,000 square feet or less of floor area that exist in a C-1 zoning district
may expand the floor area up to 4,000 square feet without having to meet the off-street parking requirements as long as the structure is completely located within 1,000 feet of a municipal
parking lot.
(2) A structure whose primary use is a church or place of religious worship shall be exempt from all
off-street parking requirements.
(Ord. No. 2000-08, 2-11-2000; Ord. No. 1995-17, 12-7-1995; Ord. Correction to dates, amended
4-14-2005; Ord. No. 2004-12, amended 1-31-2005; Ord. No. 2004-10, amended 10-12-2004; Ord. No. 2004-10, amended 6-10-2004; Ord. No. 2000-08, 5-24-2000; Manual, amended 11-10-
1999; Ord. of 1-12-2006; Ord. No. 13-2011, 4-14-2011; Ord. No. 04A-2013, 2-14-2013; Ord.
No. 18-2013, § 1, 5-23-2013; Ord. No. 03-2014, § 1, 1-9-2014; Ord. No. 28-2014, § 1, 4-10-
2014; Ord. No. 13B-2014, § 1, 8-14-2014; Ord. No. 07-A-2015, § 1, 4-23-2015
20170112CityCouncilPacketAmended Page 313 of 335 20170106/jrl
1644621.1
Sec. 3-080. - Off-street parking requirements.
(A) In all zoning districts, handicapped parking shall be provided as required by the O.C.G.A. tit. 30, Accessibility Code.
(B) Residential district parking requirements and residential off-street parking requirements. Off-street parking facilities shall be provided and maintained on site for all buildings, structures or premises being used in whole or in part for residential purposes, or for any other use permitted in residential districts.
(1) Residential dwelling units. For every dwelling unit, there shall be provided at least two off-street parking spaces. A caretaker's cottage is a separate dwelling unit and shall be provided at least
two off-street parking spaces.
(2) Nursing homes, hospitals. One parking space for each five patient beds, plus one space for
each staff doctor, plus one space for each employee on the largest shift.
(3) Theaters, auditoriums, gymnasiums and other places of assembly. One parking space for each
four seats provided in the main auditorium or for each 50 square feet of floor area available for the accommodation of movable seats in the largest assembly room or area.
(4) Public and private elementary and secondary schools (except assembly halls, auditoriums and gymnasium used in conjunction therewith). One parking space for each 200 square feet of
gross floor area devoted to such use.
(5) Private docks. At least two off-street parking spaces must be provided for any private dock
proposed for construction on a lot that has not been otherwise improved. In the event that a private dock is proposed on a lot that has not been improved, the parking must be off-street (not on city right-of-way) and pervious.
(C) Control of access to structures used for residential purposes including but not limited to single family,
duplex, triplex, two family, multifamily, townhomes, apartments, time shares, and condominiums whether owner occupied or held for rental. In order to promote the safety of motorists and
pedestrians, the following regulations shall apply to all newly constructed driveways:
(1) A driveway opening which connects a lot with a public street shall not be greater than 25 feet in
width at the property line. Driveways that serve duplex lots shall not have a width greater than 15 feet per unit measured at the property line. This section is not intended to prevent the
installation of flared driveway ends. These flared ends, when constructed in accordance with adopted standards and specifications, shall not count towards the width of the driveway.
(2) There shall be no more than two driveway openings on any lot of any width. The total of the widths at the property line of two driveway openings shall not be greater than 25 feet.
(3) No driveway opening shall be constructed within 25 feet of an intersection, measuring from the nearest improved portion of the right-of-way. However, in any instance where there is not
adequate space available and other access is not feasible, staff may permit a reduction in the distance to an intersection from a driveway in order to permit safe access to the property
provided the speed limit on abutting or adjacent roads is 30 miles per hour or less.
(4) No curb on any city street or right-of-way shall be cut or otherwise altered without prior written
approval of the designated city official. Driveway requirements specified in this section, notwithstanding, staff may issue a permit to a residential property owner to place approved
materials in the city right of way, provided the owner is informed and acknowledges that the city will maintain the right to initiate any required action within the right of way and that permitting
materials in the right of way shall not create any vested rights in the property owner and such permission may be terminated at any time. In addition, such permit by staff may only be made in
the event the improvement does not create a safety issue or interfere with city metered parking and does not violate any city ordinance including, but not limited to, the requirements of section
3-165 to maintain 65 percent of the property setback area as greenspace. If the staff of the building and zoning department finds that a request under this section needs or should have
additional review for any reason, it may request review by the mayor and council or, if the staff
20170112CityCouncilPacketAmended Page 314 of 335 20170106/jrl
of the building and zoning department declines the applicant's request, the applicant may apply for the granting of the permit which will result in the application going to the mayor and council.
However, before the mayor and council, a public hearing is not required but action may only be taken at a public meeting of the mayor and council.
(5) For water quality purposes, all newly constructed driveways and replacements of more than 50 percent of existing driveways serving residential uses shall be constructed of materials
designed to allow retention of the first one inch of stormwater. A new driveway includes the initial placement of any material on bare soil. Such new driveways and replacements of more
than 50 percent of an existing driveway are subject to permitting and inspection(s). A permit and inspection(s) are also required for repair of less than 50 percent of an improved driveway. The
retention requirement is based on a 24-hour, 25-year Tybee III SCS storm. A permit is required for installation of a new or replacement driveway. An inspection is required of each layer prior to
the next layer being installed. The permit applicant shall be responsible for all engineering fees incurred by the city for review of materials, even when a material is not approved. Acceptable
materials include:
a. Stone must be either AASHTO #57, #67, #78, or #89 open graded with no fines, or pea
gravel with no fines, or a combination of two or more. Graded aggregate base (also known as "crusher run" or "crush and run") is not allowed.
b. Standard brick pavers are four-inch by eight-inch with minimum five-sixty-fourths-inch average continuous joints/borders with eight one-eighth-inch wide spacers per paver filled
with masonry sand. See item (c) for base and header requirements. If larger bricks are used, thereby creating less linear joint and surface area joint, calculations by a state
licensed design professional must be reviewed and approved by the city. See engineering fee information in subsection (1).
c. Permeable interlocking concrete pavers (PICP) are solid structural units installed with openings as described in the coastal stormwater supplement (CSS) through which
stormwater runoff can rapidly pass into the underlying reservoir of a four-inch minimum depth open-graded stone, no fines. Openings may be filled only with pea gravel or larger
stone, or with masonry sand. A concrete header curb or paver/concrete block ribbon with a maximum width of eight inches must be installed around the perimeter of the pavers.
Building foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not serve as a perimeter. Flush headers and ribbons are included in
the driveway measurements. To not be included in the driveway measurements a header or ribbon must be installed lower than the driveway pavers, covered with adequate top soil,
and seeded or sodded to facilitate vegetation.
d. Ribbon driveway designs are normally constructed of concrete but other materials may be
considered. The ribbons are to be a maximum of 18 inches wide with a one to two percent cross slope to route runoff to adjacent pervious areas rather than down the strips to the
street. The area between the strips may be either grass or stone as described in subsection (a). The area between the drive strips is to be flush or one-eighth-inch below
the driving strip to encourage the percolation of stormwater runoff between the driving strips.
e. Concrete grid pavers (CGP) are precast concrete units that allow rainfall and stormwater runoff to pass through large openings that are filled with pea gravel, sand or topsoil and
turf. A concrete header curb or brick/concrete block ribbon with a maximum width of 12 inches (flush or one-eighth-inch higher than the contained permeable pavement) must be
installed around the perimeter of the permeable pavement. Building foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not
serve as a perimeter. Header and ribbons are included in the driveway measurements. To not be included in the driveway measurements a header or ribbon must be installed lower
than the driveway pavers, covered with adequate top soil, and seeded or sodded to facilitate vegetation.
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f. Plastic grid pavers (PGP) consist of flexible, interlocking plastic units that allow rainfall and stormwater runoff to pass through large openings that are filled with gravel, sand or topsoil
and turf. A header curb is required and is included in the driveway measurement.
g. Pervious concrete (also known as porous concrete) is similar to conventional concrete in
structure and form, but consists of a special open-graded surface course, typically four to eight inches thick, that is bound together with Portland cement.
h. Porous asphalt is similar to pervious concrete, and consists of a special open-graded surface course bound together by asphalt cement.
For all other proposed materials, calculations are required from a state licensed design
professional demonstrating compliance with the retention requirement of this section.
(D) Commercial off-street parking. Off-street parking facilities shall be provided and maintained for all structures or premises being occupied or used in whole or in part for commercial activity except in C-
2 as follows:
(1) One parking space per each 200 square feet of retail or commercial gross leasable floor area.
(2) With the submission of an application for a business license for either a new business or a business that has expanded the occupancy load of the principle structure, changed use, or
created additional occupant loads through other structures where permitting has been required by the city, a parking plan must be submitted with the application for approval by the designated
city official. If the plan represents significant changes in parking, the plan may be determined to require site plan approval by the mayor and council.
(3) Restaurants, nightclubs, beer parlors and similar establishments shall provide one parking space for each four seats based on a maximum seating capacity of 15 square feet per person
plus one space for each two employees. Maximum seating capacity is calculated on the entire seating square footage including outdoor seating area.
(4) A miniature golf course shall provide one parking space for every two holes.
(5) Hotels, motels:
a. One parking space for each guest unit without a kitchen facility.
b. Two parking spaces for each guest unit with a kitchen facility.
c. Two parking spaces for each manager's unit.
d. One parking space per each 200 square feet of retail or commercial gross leasable floor
area.
e. One parking space for every two employees.
f. One designated delivery/loading zone.
g. Recreational vehicle overnight connection facilities are prohibited.
(6) For all uses, a rack able to accommodate eight bicycles may be substituted for one required standard parking space based on the schedule below. The calculation to meet the handicap
parking requirement of subsection (A) shall be based on the number of required parking spaces prior to any rack substitution.
Required Parking Spaces Number Of Substitute
Racks Allowed
10 or fewer 1
11 — 49 2
50 or more 3
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(7) Maritime district.
a. Parking shall be in conformance with the off-street requirements of the uses referenced in this section and the required dimensions of section 3-090.
b. Dock operators must provide one parking space for every 20 linear feet of each side of
dock designated for recreational boaters. Docks leased to commercial boats must allow for one space per boat, plus one space per crew member and one space per each four seats
for charter passengers.
c. All changes to parking in the maritime district that involve loading, unloading and transporting of boats will require a parking plan submitted to the city detailing the turn radii of drive aisles.
(E) Off-street parking dimensions.
Standard Aisle Width Parking Angle Traffic Direction
8 × 20 feet 12 feet Parallel One-way
8 × 20 feet 24 feet Parallel Two-way
9 × 18 feet 15 feet 45 degrees One-way
9 × 18 feet 18 feet 60 degrees One-way
9 × 18 feet 24 feet 60 degrees Two-way
9 × 18 feet 22 feet 75 degrees One-way
9 × 18 feet 24 feet 90 degrees One-way or Two-way
Low Speed Vehicles & Golf Carts
(without a charging station) Motorcycles & Scooters
6 × 11 feet 5 × 9 feet
Dimensions of angle parking spaces:
Angle Distance from curb Curb distance Offset
45 15' 12' 7" 15'
60 16' 10' 4" 9'
75 17' 9' 4" 4' 6"
90 18' 9' 0
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(F) Exemptions from off-street parking requirements.
(1) Existing structures with 2,000 square feet or less of floor area that exist in a C-1 zoning district
may expand the floor area up to 4,000 square feet without having to meet the off-street parking requirements as long as the structure is completely located within 1,000 feet of a municipal
parking lot.
(2) There are no off street parking requirements for commercial development in the C-2 zoning
district.
(3) A structure whose primary use is a church or place of religious worship shall be exempt from all
off-street parking requirements.
(Ord. No. 2000-08, 2-11-2000; Ord. No. 1995-17, 12-7-1995; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2004-12, amended 1-31-2005; Ord. No. 2004-10, amended 10-12-2004; Ord. No. 2004-10, amended 6-10-2004; Ord. No. 2000-08, 5-24-2000; Manual, amended 11-10-
1999; Ord. of 1-12-2006; Ord. No. 13-2011, 4-14-2011; Ord. No. 04A-2013, 2-14-2013; Ord.
No. 18-2013, § 1, 5-23-2013; Ord. No. 03-2014, § 1, 1-9-2014; Ord. No. 28-2014, § 1, 4-10-
2014; Ord. No. 13B-2014, § 1, 8-14-2014; Ord. No. 07-A-2015, § 1, 4-23-2015)
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20170112CityCouncilPacketAmended Page 318 of 335 20170106/jrl
RATINGTASKGROUPINGASSIGNMENTPROJECTED START DATEPROJECTED FINISH DATEREMARKS6 Complete Marine Science Center Infrastructure (Roads, W/S)
Jason sent a letter County Chairman
asking for $2M as this is beach related.
Included public safety, life guards
6
Build dunes where needed (add crossovers, address vehicle access
areas
Non-public Safety Beach
Related
(1)Diane to get update from Marlow for
Phase II (2) Need match from State
$1.5M (3) Wanda to work with Dan
Parott, BTF (4) Need solutions for dune
crossovers, possible outsource. - in
process and on-going.
6 Finalize goal for hurricane reserve Finance/Energy Use Reduction In progress
6 Marsh Hen Trail Recreation
Project is on hold - Bids came in much
higher than expected. Infrastrusture
Committee decided not to accept the
bids but to research alternative
approaches to the bridge costs to lower
the cost and fit into the budget.
4 Complete w/s upgrades Infrastructure (Roads, W/S
City to borrow from GEFA for upgrade to
the 3 sections of lead jointed waterlines
and to replace the WWTP UV system.
EPD Report for Water line has been
accepted. Pre-construction meeting set
for January 5th, 2017. 20170112CityCouncilPacketAmendedPage 319 of 33520170106/jrl
3 Long term plan for NB Parking Lot Infrastructure (Roads, W/S
RS&H has completed the NB Parking
Layout Plan with Budget for completion
for budgeting in FY 18 - Bubba looking at
deeds
3 Secure State funding for Phase 2 of Channel Impact Study ($1.5M)
Non-public Safety Beach
Related
Jason going to Atlanta to meet with
Governor
3 Graphic reports actual vs. budget (highlight over/under Finance/Energy Use Reduction Monty would like more graphs.
3 Public restrooms - south end Tourism
(1) Refurbish bathroom at MSC (2) Stick
build at 17th and 18th (3) much like NB
bathrooms
3
Additional office space/safety features at city hall using general
fund/capital improvements fund
Public Safety/Hurricane
Preparation Design/Planning cost in budget
3 Improve Highway 80 Quality of Life
Diane requested GaDOT to improved
stripping at Bull River Bridge (2) reflectors
on bridge good (3) possible lane divider
on bridges. GDOT confirmed it is part of
their work plan.
3
Jaycee Park Improvements: batting cages, playground, restrooms,
storage, trail,. Mini golf course, dog park improvement Recreation
Remove batting cages and dog park
improvement from Jaycee Park Plan.
Batting cages in budget for use indoors in
the gym.
2 Review Code and get rid of some. Enforce what is not being enforced
Public Safety/Hurricane
Preparation
Group has been formed to review
municipal code for corrections, etc. Most
recent presentation regarding progress
was done on 8.11.16. Group last meet on
1.4.17.20170112CityCouncilPacketAmendedPage 320 of 33520170106/jrl
2 Dog park (improve/current/additional)Quality of Life
In progress - Additional landscaping was
installed. Monty, Julie and staff have met
with Tailspin who has a 501c3 to discuss
fund raising opportunities to improve the
dog park. Press Release about fund raiser
went out on 8.16.16.
2 Update Master Plan/Carrying Capacity Quality of Life
Master Plan Resolution sent to DCA for
approval. Carrying Capacity Study is
completed.
2 Follow DPW paving schedule Infrastructure (Roads, W/S In progress - FY 16 paving is completed
2 Pedestrian/Bicycle/ADA Improvements - Island wide Infrastructure (Roads, W/S
(1) Bike committee to bring plan to
mayor and council 9/22 re: north beach
area (2) north beach area need sidewalk
especially around Meddin
2 Beach rules enforcement Tourism
Additional Beach Patrol Officers will be
hired - in budget
2 Encourage development of family friendly business Recreation Wanda - in progress
2 Cameras @ Tybrisa area
Public Safety/Hurricane
Preparation In budget
2 Landscape/beautify sore spots (seamless cities)
Public Safety/Hurricane
Preparation
Jason to meet with Garden Club to
discuss
2 Redesign 16th Street Quality of Life
Wanda would like to make Tybrisa a
walking/ped mall
1 Disaster Recovery
Public Safety/Hurricane
Preparation
1 Explore options for Ocean Rescue
Public Safety/Hurricane
Preparation
1
Enforce golf carts on Hwy 80, texting and driving, blinking light
laws/bike safety
Public Safety/Hurricane
Preparation20170112CityCouncilPacketAmendedPage 321 of 33520170106/jrl
1 Add Economic Development to goals
Public Safety/Hurricane
Preparation
1 Running routes Quality of Life
1 Positive police presence/increase Quality of Life
1 Noise/lighting Quality of Life
1 Rental housing stock retention/creation Quality of Life
1 Regular review of motel tax collection Finance/Energy Use Reduction
1 Resolve short Term rental business license - Independent vs Manager Finance/Energy Use Reduction New STVR Ordinance addressed this
1 Balance of $6M beach funds Finance/Energy Use Reduction
1 Shallow well beach showers - Island wide Tourism
0 Explore option for facilities @ north and south end
Public Safety/Hurricane
Preparation
0 Explore option for contracting out additional offices for busy season
Public Safety/Hurricane
Preparation
0
Start having annual legislative priority list and meeting at Capital in
January
Public Safety/Hurricane
Preparation
0 Re-do all street signs
Public Safety/Hurricane
Preparation
0 Support local/businesses/"shop local"Quality of Life
0 City sponsored events Quality of Life
0 City website Quality of Life
0 Trash/recycling Quality of Life
0 Clean beach Quality of Life
0 Signage All Quality of Life
0 Enforcement of ordinances Quality of Life
0 Continue sewer force main improvements Infrastructure (Roads, W/S
On hold until water line and UV System is
completed
0 Polk Street and Bright Street Drainage Infrastructure (Roads, W/S
Bright Street drainage is completed. Bay
Street is in-progress.
0 Visit Hilton Head to evaluate deep well costs Infrastructure (Roads, W/S Completed
0 Immediate: pot holes; galvanized/lead pipe Infrastructure (Roads, W/S20170112CityCouncilPacketAmendedPage 322 of 33520170106/jrl
S H O R T T E R M W O R K P R O G R A M
Tybee Island Comprehensive Plan// 2016 // 1
Community Short Term Work Program
Project Description Year
Begin
Year
End
Responsible
Party Cost Est. / Source
LAND USE/DEVELOPMENT PATTERNS
Review and update the Land Development Code in
accordance with the Vision of this plan 2017 Ongoing City Staff time/
Gen. Fund
Enforce existing height restrictions 2017 Ongoing City Staff time/
Gen. Fund
Review and revise the current zoning ordinance as necessary
to ensure development compatibility with existing
neighborhoods
2017 Ongoing City Staff time/
Gen. Fund
Allow upstairs residential in commercial areas when
commercial is the main use 2017 Ongoing City Staff time/
Gen. Fund
Discourage downzoning in commercial areas 2017 Ongoing City Staff time/
Gen. Fund
Increase minimum required square footage for duplex or
multi-family construction in R-2 2017 Ongoing City Staff time/
Gen. Fund
Continue development of comprehensive GIS database for the
City 2017 Ongoing City Staff time/
Gen. Fund
COMMUNITY PRESERVATION
Review and assess the current historic preservation ordinance
and update as needed 2017 Ongoing
City / Hist.
Pres.
Committee
Staff time/
Gen. Fund
Develop an education packet to be distributed to visitors
about the available activities/services/resources, as well as
information regarding protection of natural resources and
work with various agencies/rental companies on distribution
2017 2018 City/Tourism
Council
$25,000/
Gen. Fund; H/M
Tax
Explore the feasibility of establishing incentives for restoration
projects 2017 Ongoing
City / Hist.
Pres.
Committee
Staff time/
Gen. Fund
Develop a program to buy and remove grandfathered
billboards in the marsh 2018 Ongoing City/Tourism
Council Gen. Fund/DNR
Coordinate with appropriate agencies and historic
preservation groups to identify funding for preservation
projects
2017 Ongoing
City/Hist.
Pres.
Committee
Staff time/
Gen. Fund
Adopt local historic district designations 2017 2017 City Staff time/
Gen. Fund
Continue the economic development planning for the
business district
2017 Ongoing City/Main
Street
Staff time/
Gen. Fund
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Tybee Island Comprehensive Plan// 2016 // 2
Project Description Year
Begin
Year
End
Responsible
Party Cost Est. / Source
COMMUNITY PRESERVATION (continued)
Consider establishing architectural standards for historic
structures 2017 Ongoing
City/Hist.
Pres.
Committee
Staff time/
Gen. Fund
Protect the existing character of the island by limiting the
mass, scale, density and height according to established
ordinances
2017 Ongoing City Staff time/
Gen. Fund
Provide facilities and services needed by tourists and residents
while lessening the impacts of tourism on permanent island
residents
2017 Ongoing City/Tourism
Council
Staff time/
Gen. Fund
Provide showers at dune crossovers if/when the deep well
treatment facility is completed 2019 2021 City $100,000
Gen. Fund
Incorporate the results of the carrying capacity study into
regulations to ensure growth does not outpace resources and
infrastructure
2019 Ongoing City Staff/City
Council
Staff time/
Gen. Fund
Enforce existing rules through cart and beach patrols with
possible surveillance video in problem areas 2019 Ongoing City Staff/City
Council
$50,000/
Gen. Fund
Explore the feasibility of Transfer of Development Rights for
the implementation of parking facilities in exchange for
greenspace
2019 Ongoing City Staff/City
Council/DCA
Staff time/
Gen. Fund
Continue to implement beautification/façade improvements in
the business district through a revolving loan program 2017 Ongoing City/Main
Street
Staff
time/$25,000/
Gen. Fund
Review the Tree Ordinance and develop incentives to promote
the retention of trees as opposed to removal and replacement 2018 Ongoing City/Main
Street
Staff
time/$25,000/
Gen. Fund
Actively enforce existing ordinance violations for short term
rentals by warning for first offense and loss of license for
second offense
2018 Ongoing City/City
Council
Staff time/
Gen. Fund
Consider annexation of McQueen's Island from Lazaretto
creek Bridge to the western terminus of the Bull River Bridge 2019 Ongoing City/City
Council
Staff time/
Gen. Fund
Continue to support the Lighthouse Museum 2017 Ongoing City $25,000/yr
Gen. Fund
Continue to support and work with the Marine Science Center 2017 Ongoing City Staff time/
Gen. Fund
Continue to support the Tybee Post Theater 2017 Ongoing City $25,000/yr
Gen. Fund
Support continued planning and program development for
the Rivers End Campground to attract off-season visitors
2017 Ongoing City $30,000
Gen. Fund/DNR
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Tybee Island Comprehensive Plan// 2016 // 3
Project Description Year
Begin
Year
End
Responsible
Party Cost Est. / Source
COMMUNITY PRESERVATION (continued)
Continue to maintain/replace as necessary all public works
equipment 2017 Ongoing City $100,000
Gen. Fund/SPLOST
Develop a master plan for Memorial Park, including walking
paths and shade trees 2019 2019 City/Tourism
Council
$75,000/
Gen. Fund
SUSTAINABILITY
Review results of the carrying capacity study and implement
recommendations as feasible 2018 2021 City $1,000,000/Gen.
Fund/DNR/SPLOST
Work with agencies on preservation of beach and marshes 2017 Ongoing City $50,000/Gen.
Fund/DNR
Provide education for visitors on the fragile ecosystem and
appropriate actions and activities 2017 Ongoing City/Tourism
Council
$25,000/Gen.
Fund/DNR
Continue water conservation efforts and assess needed
upgrades to the system 2017 Ongoing City/Tourism
Council
$25,000/Gen.
Fund/DNR
Consider an island ban on outdoor watering (sprinkling,
irrigation and drip lines) 2018 Ongoing City Staff time/
Gen. Fund
Develop educational materials on water conservation
techniques for visitors and residents 2017 Ongoing City/Tourism
Council
$15,000/Gen.
Fund/DNR
Develop a prioritized plan for implementing needed
infrastructure improvements 2019 2020 City $50,000/Gen.
Fund/DNR/DCA
Fast track funding substructure for water/sewer plant
upgrades and new facilities 2018 2020 City $1,000,000/Gen.
Fund/DNR/DCA
Continue to implement the NPDES Phase 1 MS4 Permit SWMP 2017 Ongoing City Staff time/
Gen. Fund
Complete a peer review of other island communities and the
various approaches for conserving and managing water
resources
2017 2018 City $45,000/Gen. Fund
Continue to monitor drainage issues in dunes 2017 Ongoing City Staff time/
Gen. Fund/DNR
Continue to update dune crossovers 2019 Ongoing City $100,000/
Gen. Fund/DNR
Continue the upgrade of sewer collection system; improve
efficiency, reduce stormwater intrusion and explore the
feasibility of connecting existing septic systems users to the
treatment facility
2017 Ongoing City S$3,000,000/
SPLOST
Continue to seek funding and implement beach re-
nourishment 2020 Ongoing City Staff time/
Gen. Fund/DNR
Continue to provide for the use of native plants/xeriscape
through the development of landscaping guidelines
2017 Ongoing City Staff time/
Gen. Fund
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Project Description Year
Begin
Year
End
Responsible
Party Cost Est. / Source
SUSTAINABILITY (continued)
Develop strategies focusing on the retention of small
businesses 2018 2019 City/Main
Street
$30,000/
Gen. Fund
Provide incentives and assistance to encourage new
businesses to locate on Tybee 2017 Ongoing City/Main
Street
$40,000/
Gen. Fund
Create policies to encourage off peak visitors 2018 2019 City/Main
Street
$30,000/
Gen. Fund
Encourage small conventions to locate on the island during
off-season 2018 2019 City/Main
Street
Staff time/
Gen. Fund
Develop and adopt a Catastrophic Disaster Rebuild Plan for
the Island 2019 2020 City $100,000/Gen.
Fund/DCA/DNR
If deep well tests are successful, construct water treatment
facility for deep well water 2021 Ongoing City $2,225,000/
SPLOST
Develop ordinance changes to encourage non-FEMA
compliant homes to be lifted to become FEMA compliant 2019 2021 City $50,000/Gen.
Fund/DCA/DNR
Work with local, state and federal agencies to develop a plan
for dealing with disasters 2020 2021 City/CEMA $100,000/Gen
Fund/DCA
HOUSING
Encourage a variety of housing types with a range of costs 2017 Ongoing City $10,000/Gen. Fund
Investigate the approaches of other communities and develop
incentive programs for the provision of affordable housing
appropriate for Tybee
2018 2019 City $30,000/Gen. Fund
Allow for multi-use upstairs rentals in commercial areas that
provide affordable year-round housing 2017 Ongoing City Staff time/ Gen.
Fund
Investigate the feasibility of a rent subsidy program so critical
city personnel (police, fire, etc.) can live on the Island 2019 2021 City $30,000/Gen.
Fund/DCA
Review and assess the number of short-term rental properties
and impacts on adjacent properties 2017 2018 City Staff time/ Gen.
Fund
Require licensing for vacation rentals and minimize adverse
impacts on Island residents, including parking, noise, and
numbers of tenants
2018 2019 City Staff time/ Gen.
Fund
Investigate the need to provide services and facilities for an
older, retired population 2018 2019 City Staff time/ Gen.
Fund
Identify needed services that are lacking for year-round
residents 2018 2019 City Staff time/ Gen.
Fund
TRANSPORTATION
Work with the Coastal Region MPO and GDOT on planned
and future improvements, including the exploration of
alternative means of transportation on the Island as well as
access to and from the Island
2017 Ongoing City Staff time/ Gen.
Fund
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Project Description Year
Begin
Year
End
Responsible
Party Cost Est. / Source
TRANSPORTATION (continued)
Document issues/events to substantiate funding requests 2018 Ongoing City Staff time/ Gen.
Fund
Establish active subcommittee of infrastructure committee to
investigate funding opportunities for projects 2018 Ongoing City Staff time/ Gen.
Fund
In coordination with GDOT, explore opportunities for round-
abouts at intersections, including US 80/McKenzie, US 80/Estill
Hammock Rd, and Butler/Tybrisa
2019 2020 City/GDOT $50,000/ Gen.
Fund/GDOT
Explore various funding opportunities, such as grant programs
and the Transportation Alternatives Program to leverage local
funding for implementation
2017 Ongoing City Staff time/ Gen.
Fund / CORE MPO
Continue to encourage bicycle connections to Tybee from
Wilmington Island 2017 Ongoing City Staff time/ Gen.
Fund/ CORE MPO
Continue to develop multi-use paths and linkages throughout
the City connecting greenspace, parks, cultural, and historic
resources
2017 Ongoing City Staff time/ Gen.
Fund/ CORE MPO
Identify areas in need of pedestrian facilities or in need of
upgrading existing pedestrian facilities and strategies to
address the identified needs
2018 2019 City/CORE
MPO
$50,000/ Gen.
Fund/GDOT/
CORE MPO
Support the ongoing beautification/landscaping of Highway
80 2017 Ongoing City/GDOT Staff time/ Gen.
Fund
Educate residents and visitors about transportation related
routes and ordinances 2017 Ongoing City/GDOT $10,000/ Gen.
Fund
Identify appropriate areas and types of additional parking
facilities, specifically in the North Beach area 2017 Ongoing City $20,000/ Gen.
Fund
Explore the opportunity for a parking garage in coordination
with Chatham County 2018 Ongoing City/
Chatham Co
Staff time/ Gen.
Fund
Explore opportunities to incorporate mix of uses with potential
additional parking 2018 Ongoing City/
Chatham Co
Staff time/ Gen.
Fund
Consider the development of an additional parking lot in C-2
on city owned easement 2018 Ongoing City/
Chatham Co
Staff time/ Gen.
Fund
Lessen parking requirements for new businesses to encourage
commercial use of C-2 properties 2018 Ongoing City Staff time/ Gen.
Fund
Provide discounted parking decals for businesses for
employees who do not live on Tybee 2018 Ongoing City $40,000/ Gen.
Fund
Develop a parking fee structure that maximizes income
opportunities based on peak season and times. 2018 Ongoing City $40,000/ Gen.
Fund
Coordinate with local officials and agencies to provide
assistance with seasonal traffic and to alleviate traffic impacts,
especially on residential streets and particularly during events
2017 Ongoing
City/
CORE MPO/
GDOT
Staff time/Gen.
Fund
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Tybee Island Comprehensive Plan// 2016 // 6
Project Description Year
Begin
Year
End
Responsible
Party Cost Est. / Source
TRANSPORTATION (continued)
Create Marsh Hen Trail to connect the current bicycle route to
the Lazaretto Bridge, 2017 2018 City
$717,612/Gen.
Fund, GDOT TE
Grant, Other
Grants
GOVERNMENTAL/INTERGOVERNMENTAL COORDINATION
Improve information dissemination through enhancements to
the City website 2017 Ongoing City Staff time/Gen.
Fund
Investigate opportunities to utilize social media and smart
phone apps for information sharing 2018 Ongoing City Staff time/Gen.
Fund
Develop programs for educating visitors and residents on
littering 2018 Ongoing City $10,000/Gen. Fund
Identify issues with trash removal and work to address those
issues 2017 Ongoing City Staff time/Gen.
Fund
Provide brightly painted trash cans on the beach between
crossovers and explore the opportunity for trash can
sponsorships
2018 2019 City $40,000/Gen. Fund
Develop programs to reduce the amount of trash generated 2019 Ongoing City $15,000/ Gen.
Fund
Assess current enforcement practices and identify areas of
needed improvement 2017 Ongoing City Staff time/Gen.
Fund
Assess number of staff needed and identify any shortfalls 2017 Ongoing City Staff time/Gen.
Fund
Identify areas where additional permanent public restrooms
may be feasible 2017 Ongoing City Staff time/Gen.
Fund
Provide portable restrooms at public beach crossovers in the
summer 2018 Ongoing City $50,000/ Gen.
Fund/DNR
Develop and implement informational signage for visitors
regarding amenities and their locations 2018 Ongoing City/Tourism
Council
$10,000/ Gen.
Fund
Utilize a broad spectrum of information dissemination,
including traditional hard copy (mailers, newsletters) as well as
technology based (website, social media) methods to reach all
members of the community
2018 Ongoing City/Tourism
Council
$10,000/ Gen.
Fund
Coordinate with CEMA, Chatham County and other local
regional planning agencies to implement Tybee Island's
Hurricane Disaster Management Plan
2017 Ongoing City Staff time/Gen.
Fund
Continue to work with Chatham County and Savannah
economic development agencies 2017 Ongoing City Staff time/Gen.
Fund
Continue to participate in regional transportation efforts 2017 Ongoing City Staff time/Gen.
Fund
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Ethics Commission Minutes
August 18, 2016 Meeting
Approved 12/12/2016
Members Present: Dennis Alexander, Katherine Garlington, Ben Goggins, Danny Hill, Michael Pappas
and Frances Kay Strickland
Members Absent: Kathy Jackson
Ex-Officos Present: Janice Elliott, Recording Clerk
Invited Guests: Charlie Barrow
Roll: Danny Hill called the meeting to order. Roll was taken.
Minutes:
Dennis Alexander made a motion for the June 22, 2016 meeting minutes to be approved. Frances Kay
Strickland seconded. Minutes were approved.
Frances Kay Strickland made a motion for the July 6, 2016 meeting minutes to be approved. Dennis
Alexander seconded. Minutes were approved.
Old Business: Discuss reimbursement of legal expenses by City of Tybee for Complainant or Respondent This will be addressed in the new business.
New Business: Discussed information to be provided by Mr. Barrow as it pertains to previous meetings
Based on the discussion and recommendations of the last meeting, Mr. Barrow took the Ethics Complaint
Procedure and Complainant Letter and revised. He also made a proposal for the issue concerning legal fees. (See attached letter dated August 11, 2016)
Dennis asked to discuss the changes on the Ethics Complaint Procedure. As he understood from the last
meeting, the Commission would continue to hear complaints regarding those who served on boards or
commissions. Number 3 should have included language for board or commission members. Mr. Barrow will check the ordinance for the correct language to be included. Also, the definition in the ordinance
needs to be corrected - “position of the city” should be removed.
Michael Pappas asked the question, “What happens if a complaint was filed against an ethics commission
member?” It was discussed that since the Ethics Commission was only a recommending body that the Commission would recommend that particular situation to the Mayor and Council.
Number 4 is repetitive and should be deleted and so Number 5 becomes Number 4.
Roman numeral IV Dennis felt that 45 days was too long. There was discussion on this. The Commission felt that is should be expedited and 45 days was changed to 15 business days.
Danny Hill asked who did the flow chart. Sue Off created the original flow chart. Janice will speak with
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Dennis asked if number A under Roman numeral IV be changed to read, “Written notice by certified mail
to each party.”
Dennis asked Mr. Barrow if the informal meeting was an open or closed meeting. Mr. Barrow stated that
it was an open meeting as far as the open meetings act is concerned. The concept is to limit the discussion
between the Commission and the actual parties and maybe their attorney and not open it up for public
discussion. Only if you have to go to the next step (a more formal hearing) would you allow another
person to speak as evidence or accept another document as evidence.
Michael Pappas asked how you establish the guidelines for the public not to speak. Mr. Barrow stated
that the Chair should set that rules orally at the beginning of the meeting. Such as, “This is an informal
conference between the parties for us to listen it is not a formal matter for the public to participate. If this
should go to a more formal hearing, then the public may speak at that time.” This should be done in the least adversarial tone as possible.
Danny stated that the Commission set the procedures. Mr. Barrow stated the ordinance gave the
Commission discretion in their procedures. He also stated that the definition of city official will need to
be changed in the ordinance to go with the changes in the new procedures. Danny stated that a text amendment will need to go before City Council to be approved to change some of the wording in the
ordinance. Mr. Barrow stated that other changes such as the legal issue or others could be presented to
council at one time. Danny asked if the informal hearing meeting needed to be a part of the ordinance or
if this was something that the Commission could do. Mr. Barrow stated that he would check on this, but
felt that it would be something that the Commission could do as part of the procedure. Mr. Barrow stated that the Council should be made aware of the changes to the procedure. Danny read Article II, Sec. 23-32
– Duties and powers. (a) 1 which stated that the ethics commission has the duty an authority to establish
bylaws, policies and procedures consistent with this Code that govern internal organization and conduct
of commission affairs. Mr. Barrow said that this statement in the ordinance gives the commission the
power to change the procedure. The idea is to make the whole process less formal in hopes of resolving things before going to trial.
Once the new procedures have been finalized and adopted, the new procedures will be placed on the
website and replace the old procedures.
Mr. Barrow discussed the letter that he had sent to the board and the recommended changes in the
complainant form letter. The changes that he wrote came out of the discussion from the last meeting. He
also included language for the ordinance about the legal fees. The major change in the letter is adding the
informal meeting into the letter and also adding the fact that once a complaint is filed that it becomes
public record and that they may seek legal counsel at their expense. There was discussion on sending a form letter to the respondent. A letter is sent to the respondent if a determination has been made by the
Commission to proceed. Mr. Barrow asked the secretary to send him what has gone out in the past. The
Commission asked that a form letter to the respondent be created by Mr. Barrow.
The discussion then proceeded to legal expenses to be added to the ethics ordinance. Mr. Barrow included language for this in his letter. Danny read the language to the members. Michael asked if the
city employee and members were protected by the city in anyway. Danny stated that if it is a legal matter
then they are covered, but not if it’s an ethics matter. Mr. Barrow stated that general liability policy
covers all employees, elected officials and volunteers. According to the city attorney, Dennis stated that
every person that has been involved in an ethics complaint and has hired an attorney, their legal fees have been paid for by the city. It is the recommendation of the Ethics Commission to change the ordinance to
not cover the legal fees. It is up to the council to proceed with changing the ordinance to do this.
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Danny stated that at some point we need to let the council know on other decisions that have been made
by the Ethics Commission. Mr. Barrow suggested that once the commission had concluded their
discussion, a memo with all the recommendation and changes be sent to council. One of the things that
need to be included in the memo is whether or not to suspend the filing of complaints during election season. In the discussion on this topic it was agreed that the recommendation of the Commission would
not do this. The Commission would allow it to be filed at any time. Whether it is 5 or 10 changes, the
memo would cover them all. This was covered in his first letter. Mr. Barrow will summarize all the
things that have been discussed. Michael asked if the Council approve or disapprove. Mr. Barrow stated
that in regards to the ordinance changes they would. In regard to taking complaints during election, it could be argued that it is a procedural matter and the commission has discretion to govern their own
procedures, but as a volunteer group you probably want to abide to what the Council wanted to do.
Danny stated that we also need to include in the memo conflict of commission members for impartiality
which is also included in the first letter that Mr. Barrow sent to the commission. There was discussion on
this topic. It was felt that since this is a small community, it would be hard to get a full commission if this provision was allowed because everyone is involved in some type of organization. As it has already been
discussed, if a complaint does come up with an organization that a commission member is connected
with, it may you to recuse yourself but it should not prevent you from being a member.
Mr. Barrow asked if there were other matters that haven’t been discussed yet that need to address. Dennis stated that until we run into some language that may impact a situation we don’t know. Mr. Barrow stated
that is the problem with any legislation you cannot figure out every scenario in advance. Ben Goggins
stated that this seems to be a good general frame work. We will wait to see what happens in terms of
complaints to see if it needs to be adjusted. We cannot forecast every possible situation. There is no city
election this year so there will be no complaints made which is a good time to get this changed and completed.
Mr. Barrow will make the changes that have been discussed and sent the commission and update version.
He will also review the ordinance and see if anything else needs to be changed. He asked that the
members of the commission call him if they think of something so that he could add it the working document for the next meeting.
Amending the ordinance was discussed. Mr. Barrow will talk to Bubba on the exact procedure for this
and will coordinate accordingly.
Next meeting will be determined when Mr. Barrow has completed his assignment. He will contact Danny
to establish a meeting. Dennis will be not be in town the month of September.
Adjournment:
Michael Pappas motioned to adjourned. Frances Kay Strickland seconded. Motion carried. Meeting adjourned.
09/09/2016/je
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TYBEE ISLAND HISTORIC PRESERVATION COMMISSION
MEETING MINUTES
August 15, 2016
ATTENDANCE
(Present) Commissioner: Sue Bentley, Jane Coslick, Bill Garbett, Dottie Kluttz,
Bill Kriner, Neca Stoller
Advisor: Sarah Jones
Staff: Chantel Morton
Guest: Julie Livingston
CALL TO ORDER
Neca called the meeting to order at 6:04pm due to Sue being delayed.
OPEN RECORDS/MEETINGS LAW INFORMATION
This agenda item was deferred to the next meeting.
HPC MINUTES: JUNE 20, 2016
Motion was made by Bill K., which was seconded by Neca, to approve the HPC meeting minutes
of June 20, 2016. The motion passed unanimously.
HISTORIC RESOURCES SURVEY UPDATE
Chantel confirmed that the state’s preservation office is reviewing the consultant’s fourth draft of the
historic resources survey (HRS).
Dottie discussed the purpose of the HRS in regards to the Certified Local Government (CLG) requirements
and how city officials will be able to make the survey useful. Commissioners discussed presenting the
final report at a City Council meeting, the goals of having a complete survey for planning purposes in
protecting resources that represent Tybee, and that how it will assist in demonstrating the need for local
historic districts (LHD).
Julie and Bill G. expressed that the HRS is a major piece to moving forward with preservation
methods. The survey will complement and support the city’s master plan, bring more awareness to
historic buildings, and help with the need to have measures in place to protect what Tybee is. Sarah
added that another benefit of doing the HRS is that new staff at the state's preservation office is
becoming more familiar with Tybee and realizing the numerous resources that remain on Tybee.
REVIEW OF ARTICLE 14 FOR COMMENTS
Commissioners discussed Article 14 and the draft application for a certificate of appropriateness
that was presented at the last meeting. Bill inquired about the number of processed building
permits over the last five years in which a COA would have been applicable. He stated he was
inquiring in order to better understand how much staff time would be added for COA review.
Sarah reviewed Article 14 and that the intent of preservation through the HPC oversight and
enforcement is important. The addition of permit review for properties 50 years and older was
added following the demo of 23 Tybrisa in order to provide additional assistance for protecting
historic properties. The process of reviewing these permits has been going well. It has been
helpful in opening dialogue with contractors and property owners, as well as increasing
awareness of benefits for preservation. She, Sue, and Chantel have been providing updates
regarding this, the HRS, and the LHD progress the HPC is making at City Council meetings
regularly.
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UPDATE: HPC PERMIT REVIEW
Sarah reported that she is receiving approximately two to three calls a week from people inquiring about
work they are planning to do on historic properties. She reiterated that the process of permit review is
working and serving its purpose because owners are inquiring about resources and seeking guidance
early, which indicates progress towards more support for preservation and acceptance of local historic
districts.
Sue expressed the need for these people to speak publicly in favor of preservation efforts on the island.
Bill K. expressed concerns with owners of new homes having to go through the COA process. Sarah and
Chantel explained the state mandate that all properties in a designated LHD are to be handled equally and
consistently.
Sarah shared that she is working with Bob Ciucevich on pursuing another national historic district. This
district will include the south end area that was sought for designation prior to Cullen’s passing and
incorporate multiple properties. This district would provide additional support for preservation on the
island and tax credit opportunities for property owners of contributing properties that wish to pursue
such benefits. Commissioners expressed their support.
Commissioners discussed properties that they have been made aware of that may be in jeopardy.
Discussion ensued about buildings that are moved outside of their respective district. Moving such
resources takes away from the number of contributing buildings that support a district’s character and
strength for designation.
OTHER
Bill K. announced he is resigning from serving on the HPC because his term is complete. Chantel
confirmed she will post the notice that a seat on the HPC is vacant and interested parties may apply to the
clerk of council.
ADJOURNMENT
The meeting adjourned at 6:55pm.
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TIDA/MS BOD approved: 12/21/16 Page 1 of 2
TYBEE ISLAND DEVELOPMENT AUTHORITY / MAIN STREET BOARD OF
DIRECTORS
Meeting Minutes: November 16, 2016
Vision: To improve the quality of life for those that live, work, and visit Tybee Island and enhance the cultural experience while preserving
the community's barrier island heritage.
The Mission of the Tybee Island Development Authority / Main Street Program is to:
‐ facilitate efforts to revitalize, redevelop, and enhance that which improves the quality of life;
‐ create a sense of place and improve the quality of life for residents, business owners, and visitors using the Main Street Four Point
Approach;
‐ encourage quality economic growth and development while preserving Tybee Island's unique architectural and community heritage;
‐ support and encourage the arts as a cultural endeavor and economic engine on the Island.
ATTENDANCE
(Present) Director: Vicki Hammons, Steve Kellam, Julie Livingston, Ted Lynch,
Brenda Marion
Ex‐Officio Director: Melissa Memory, Melissa Turner
Program City Staff: Chantel Morton
Guest: (City Councilmembers) Wanda Doyle, John Major, Monty Parks
(Absent) Director: Angela Caldwell, Diane Kaufman
Ex‐Officio Director: Sarah Bernzott
CALL TO ORDER
Ted called the meeting to order at 6:02pm. Those in attendance introduced themselves. Directors
welcomed the City Councilmembers attending the meeting.
OPEN RECORDS/MEETING LAW INFORMATION
Ted reminded directors to return the form regarding open records/meeting law information they
received via email to the Clerk of Council.
REVIEW DEVELOPMENT AUTHORITY/CITY OF TYBEE PROJECTS PRESENTATION
Directors and Staff reviewed the presentation prepared for the Mayor and City Council which included:
the Program’s vision and mission statements, Directors that serve on the board, an overview of partners
and organizational chart, timeline of the Program’s progression, Main Street four‐points overview of
works, the 2015 Community Impact Report, and a recap of best practices and opportunities for the city to
utilize the Development Authority. Project proposals reviewed included increasing the Façade
Improvement Grant matching funds, short term and long term uses of two identified properties, and
pedestrian / visual enhancements on Tybrisa Street.
Ted mentioned that he is in conversation with a commercial property owner interested in applying for the
Façade Improvement Grant. Melissa M. suggested the design committee consider including the Secretary
of Standards with the grant application requirements, for the Board of Directors to consider approving,
since the city has not adopted proposed design guidelines. Julie confirmed she will talk with the City
Manager about increasing the façade improvement matching funds to $10,000.
Discussion regarding the two properties included an overview of the financing structures available, the
process of hiring contractors, uses of the properties, leasing of space, and the operations/management of
the properties. John inquired about the financing of revolving loan funds. Chantel confirmed that the
recommended financing structure in applying for a DDRLF thru the DCA and/or GCF is 50% (bank/lender),
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40% (DCA/GCF), and 10% (owner equity). Monty expressed the need to see a detailed plan with a flow
chart that includes a business plan, revenue sources, etc.
Wanda mentioned she had talked to the City Manager about having a line item in the budget specific to
the Development Authority when they and Chantel had the conference call with DCA. At that time, the
City Manager confirmed she would work on this with the Finance Director. This would be similar to how
the city has SPLOST set up in the budget. Julie confirmed she will follow up the City Manager to see if this
has been / is being done.
The Tybrisa Street improvements suggested should be presented for consideration with the budget
review for the next fiscal year.
DEVELOPMENT AUTHORITY / MAIN STREET BOARD OF DIRECTORS MINUTES
Motion was made by Vicki, which was seconded by Brenda, to approve the minutes of the Tybee Island
Development Authority / Main Street Board of Directors October 19, 2016 meeting. Motion carried.
COMMITTEE UPDATES
Organization
Chantel confirmed that the current terms for two voting board positions, which are currently held
by Angela and Brenda, are expiring at the end of this year. Both are eligible to re‐apply to be re‐
appointed by the Mayor and City Council. One ex‐officio position, which is held by Melissa
Memory as the Tourism Council representative, term is also ending at the end of the year.
Melissa can reconfirm her desire to serve on the board for confirmation by directors at their
January meeting.
Business Assistance
Ted reported that the Merchant Meetup held on November 1 went well. The topics discussed
with merchants were impacts of the hurricane and the upcoming holiday activities. Julie shared
that the meeting was quite timely and appreciated on behalf of the city.
Design
Vicki confirmed the unveiling of the first of the three public murals at the Interactive Art Street
Party went very well. As anticipated, people took pictures with the mural at the event and she is
seeing that still happening. She and the design committee are working on confirming who the
muralist with the Arts Association will be for the next two murals. The goal is to have them start
no later than January. Chantel reported that Renee is communicating with Denise Vernon in
order to confirm she is available and willing to assist.
Promotions
Brenda reported that the November 5 Interactive Art Street Party was well attended for this first
time event. There were a variety of people (residents, visitors, children, teens, adults, etc.) that
attended and participated in the activities. She suggested that if there is another street party in
conjunction with unveiling the next two murals it should be two hours instead of three.
Brenda confirmed everything is set for Community of Caring, Small Business Saturday, Lights on
for Tybee, and the Christmas Parade. First graders at the Maritime Academy have made
ornaments for the tree again this year. The school is sending information home with the students
about Decorating Day.
ADJOURN
The meeting adjourned at 7:06pm.
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