HomeMy Public PortalAbout20171109CityCouncilPacket.pdfTable of Contents
000_000_Agenda....................................................................................................................................................................................... 1040_010_SBS2017Proclamation....................................................................................................................................................................................... 3050_010_20171026Minutes....................................................................................................................................................................................... 4140_010__15-2017-B -REDLINE - Sec 66-181 - Residency Decals - 1109201710.05.17....................................................................................................................................................................................... 7140_020_15-2017-B -CLEAN- Sec 66-181 - Residency Decals - 1109201710.05.17....................................................................................................................................................................................... 10150_010_Fire Fighters Cancer Benefit Program....................................................................................................................................................................................... 13
AGENDA REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL November 9, 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 Invocation
3 Pledge of Allegiance
IV. Ava Thomas, President, Tybee Island Youth Council
1 Monthly Youth Spotlight – Anna Bloess
V. Recognitions and Proclamations
1 Small Business Saturday, November 25, 2017
VI. Consideration of the approval of the minutes of the regular meetings of the Tybee island City Council
1 City Council Minutes, October 26, 2017
VII. Consideration of Boards, Commissions and Committee Appointments
VIII. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes.
1 Jenny Orr, Tybee Festival Association
IX. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times if 5 minutes.
X. Consideration of Approval of Consent Agenda
XI. Public Hearings
XII. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
XIII. Consideration of Bids, Contracts, Agreements and Expenditures
XIV. Consideration of Ordinances, Resolutions
1 Second Reading, 2017-15B, Decal
XV. Council, Officials and City Attorney Considerations and Comments
1 Shawn Gillen
i. Fire Fighters Cancer Benefit Program
2 Barry Brown
i. Status of back-flow on the outfalls
3 Bubba Hughes i. Meddin Drive – Document pending
XVI. City Manager’s Report
1 Hazard Mitigation Grant Program - Update
XVII. Minutes of Boards and Committees
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XVIII. Executive Session
1 Discuss litigation, personnel and real estate
XIX. Possible vote on litigation, personnel and real estate discussed in executive session
XX. 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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P. O. BOX 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
PHONE: (866) 786-4573 – FAX: 866-786-5737
www.cityoftybee.org
CITY OF TYBEE ISLAND
Whereas, the government of Tybee Island, Georgia celebrates our local small businesses and the
contributions they make to our local economy and community; according to the United States Small
Business Administration, there are currently 28.8 million small businesses in the United States, they
represent 99.7 percent of all businesses with employees in the United States, are responsible for 63
percent of net new jobs created over the past 20 years, and
Whereas, small businesses employ 48 percent of the employees in the private sector in the United
States; and
Whereas, on average, 33 percent of consumers’ holiday shopping will be done at small, independently-
owned retailers and restaurants; and
Whereas, 91 percent of all consumers believe that supporting small, independently-owned restaurants
and bars is important; and
Whereas, 76 percent of all consumers plan to go to one or more small businesses as part of their
holiday shopping; and
Whereas, Tybee Island, Georgia supports our local businesses that create jobs, boost our local
economy and preserve our neighborhoods;
Whereas, advocacy groups as well as public and private organizations across the country have
endorsed the Saturday after Thanksgiving as Small Business Saturday.
Now, Therefore, I, Jason Buelterman, Mayor of Tybee Island, Georgia do hereby proclaim, November
25, 2017, as:
SMALL BUSINESS SATURDAY
And urge the residents of our community, and communities across the country, to support small
businesses and merchants on Small Business Saturday and throughout the year.
Jason Buelterman, Mayor
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City Council Minutes 20171026
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on October 26, 2017. Those present were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry Brown, and Bill
Garbett. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney;
George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council.
Mayor Buelterman listed the following items on the consent agenda:
• City Council Minutes, October 12, 2017
• Inter-governmental Agreement – SAGIS
• Resolution Authorizing the Sale for Consumption on Premises of Alcoholic Beverages,
Sunday, December 31, 2017 after 12:30PM
• Funding, up to $4000, for Thomas & Hutton to come up with a plan and cost to redo the Hwy 80 median. Discussion: Mayor Buelterman asked Ms. Doyle where the funding
would come from. Ms. Doyle responded from the Professional Services line item which
is currently in the FY18 budget. She will work with Thomas and Hutton to have a plan
for the median as there is a Gateway Grant the City might be eligible for next year. Ms.
Doyle confirmed this is a landscaping and irrigation plan.
Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the
consent agenda were present.
Opening Ceremonies
• Call to Order
• Invocation – Ken Douberly, St Michael’s Parrish
• Pledge Allegiance
Mayor Buelterman asked Phyllis George, Tybee Island Police Department, to join him at
the podium to be recognized as the Employee of the Quarter.
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times if 5 minutes.
Reports of Staff, Boards, Standing Committees Chantel Morton, Development Authority/Main Street Executive Director, approached
Mayor and Council to give a presentation on the Historic Resources Survey, Phase II. Ms.
Morton stated the presentation was provided to Mayor and Council prior to the meeting as well
as included in the packet tonight. Mayor Buelterman and other council members thanked Ms.
Morton for her hard work with the Historic Preservation Committee.
Wanda Doyle made a motion to approve the consent agenda. Monty Parks seconded. Vote
was unanimous, 6-0.
Consideration of Bids, Contracts, Agreements and Expenditures
Tyler Technologies, Web Services – Hosted Application Agreement. Mr. Hughes asked this be brought back before Mayor and Council as there is language that needs to be changed. NO ACTION
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Extension of permit application time for rebuilding a nonconforming structure after
a natural disaster – Patel. George Shaw stated his concerns as it was a structure in the
marsh which is not there now due to the Hurricane Matthew. Mr. Patel would like to put the
billboard back in the same footprint. Mr. Parks stated it is his understanding with the current
sign ordinance, as signs were destroyed or lost, that were out of conformance, could not be replaced. Mr. Hughes reminded Mayor and Council Mr. Patel will have to get a permit from
Georgia Department of Natural Resources. Barry Brown made a motion to approve the
extension of a permit application. Julie Livingston seconded. Voting in favor were Julie
Livingston, John Major, Wanda Doyle and Barry Brown. Voting against were Monty Parks and
Bill Garbett. Motion to approve, 4-2.
Consideration of Ordinances, Resolutions
First Reading, 15-2017, Decals, Sec 66-181. Mr. Hughes stated there are grammatical
corrections to the ordinance that will need to be made prior to second reading. The purpose of
this ordinance is to make it easier on Staff with the distribution of decals for residents on the
Island. Ms. Doyle made reference to the language of a car being garaged. Mr. Hughes clarified the language is meant to mean, the car resides where the resident resides. This change is a
result of the change in the ad valorum tax requirement. Mr. Hughes made reference to the
affidavit which a resident would be required to complete prior to receiving a complimentary
decal. Mayor pro tem Brown reminded everyone when trading in a vehicle or replacing a
windshield, you must bring in as much of the old decal to the Parking Services Office you can
prior to receiving another complimentary/replacement decal. Mayor Buelterman recommended
approval as written and Mr. Hughes will make recommended language changes for second reading. Julie Livingston made a motion to approve. Bill Garbett seconded. Voting in
favor were Julie Livingston, Monty Parks, John Major, Wanda Doyle and Bill Garbett. Voting
against was Barry Brown. Motion to approve 5-1.
Council, Officials and City Attorney Considerations and Comments Wanda Doyle stated this was discussed at the Public Safety Committee and it is their
recommendation this be sent to the City Manager, Dr. Gillen, for his discussion with the City Attorney, Mr. Hughes, and come back to Mayor and Council for a recommendation. This would
include the fine for “Dogs on the Beach”.
Mayor Buelterman expressed his concerns with glass on the beach. Ms. Doyle discussed eliminating add-on fees for certain non-safety related citations. She explained the
administrative and add-on fees are considered revenue for the City.
Wanda Doyle stated the Tybee Island Police Department is handling the policy on distracted driving citations and if additional laws are needed, we need to contact the State.
There was a discussion regarding the flashing lights at the crosswalks. Mayor Buelterman will
contact Georgia Department of Transportation to question why the flashing lights are yellow rather than red as this cause confusion as to whether you are to stop or just proceed with
caution. Mr. Garbett stated it is a State law that you must stop for pedestrians in the
crosswalk. Mayor Buelterman stated in the spring the City will make a concerted effort to
educate individuals the amount of a ticket if they go through the crosswalk when the lights are
flashing.
Dr. Gillen approached Mayor and Council to give an update on the Marine Science Building as well as outline two of the steps with the issuance of a Bond through the Chatham County
Recreational Authority. Prior to the approval, the City needs to have a Placement Agent who
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will be Bill Camp, Raymond James. Another would be a Bond Attorney and he is recommending
is Thomas Gray of Gray, Pannell, and Woodward. Mr. Garbett asked for a cost estimate. Dr.
Gillen stated he does not have a proposal as of yet as the budget is being finalized. He
estimates the cost of the project to be between $3M and $4M. Bill Camp, Raymond James
approached Mayor and Council. Dr. Gillen distributed a hand-out to Mayor and Council as provided by Mr. Camp. Mr. Camp stated prior to his firm giving the City municipal advice, they
be engaged through a Letter of Intent. He then briefly discussed the handout (attached). Ms.
Doyle stated if the Letter of Intent is approved this evening, what the next step is. Mr. Camp
responded he will then work closely with Staff to develop a plan. He reminded Mayor and
Council they will have final approval of every step of the process. Mayor Buelterman thanked
Mr. Camp for his presentation.
Wanda Doyle made a motion to approve the Engagement Letter for Raymond James pending
Mr. Hughes approval. Barry Brown seconded. Vote was unanimous, 6-0 to approve.
Barry Brown asked Dr. Gillen for an update on the back-flow preventers. Dr. Gillen stated he has met with Thomas & Hutton and has instructed them to look at all the City’s storm
water issues, not only on S. Chatham but N. Campbell and Bright Street as well as other
nuisance areas. He will have an update at the workshop in November. Dr. Gillen continued to report on the debris from Hurricane Irma. He stated the debris has been removed from North
Beach and the hauling will being immediately from Memorial Park.
Barry Brown then asked for an update on the grate cover on pipe in the swale in Memorial Park. Dr. Gillen responded that he spoke with Danny Carpenter and they will
develop a plan.
Julie Livingston made a motion to adjourn to Executive Session to discuss personnel and
litigation. Wanda Doyle seconded. Vote was unanimous, 6-0.
Julie Livingston made a motion to adjourn to Regular Session. Wanda Doyle seconded. Vote was unanimous, 6-0.
Monty Park made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous, 6-0.
_____________________
Janet LeViner, CMC
City Clerk
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1657048.1
ORDINANCE NO. 15-2017-B
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA, RELATING TO PARKING DECALS AND SPECIFICALLY COURTESY DECALS
SO AS TO AMEND SECTION 66-181(a) TO CLARIFY THE PROVISIONS RELATING
TO COURTESY DECALS, TO ESTABLISH AN EFFECTIVE DATE
AND TO REPEAL ANY 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 add to Section 66-181)a) dealing with
courtesy decals, to establish an effective date, to repeal conflicting ordinances and for other
purposes; and
WHEREAS, the current provisions of Section 66-181 regarding courtesy decals
referencing an address is creating confusion and unnecessary work on the part of City staff and
officials.
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 66-181(a) dealing with
courtesy decals, is hereby amended so that hereafter the section shall read as hereinafter
provided.
SECTION 1
The Code of the City of Tybee Island, Georgia, is hereby amended so as to cause Section
66-181(a) to be amended so that it shall hereafter read as shown below.
SECTION 2 Sec. 66-181.
(a) The A decal shall be issued for a period of no longer than one (1) year and will
only be issued with the condition that the decal shall only be distributed upon the
presentation of a current, valid state registration indicating the Code for tax purposes for the City
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of Tybee Island for tax purposes and also indicating that the ad valorem tax, if any, thereon has
been paid. The decal is intended to be issued only to Tybee residents and eEvidence sufficient to
establish residency within the City including deeds, homestead exemptions, utility bills, and/or
an affidavit may be submitted for proof of residency. Decals may be validly used for use on
automobiles; other motor vehicles such as automobiles, trucks, recreational vehicles,
motorcycles, low speed vehicles,and buses, trailers and other objects things with state tags and
paid ad valorem taxes to the City.. Persons whose automobiles, etc., are not registered to a City
address may obtain a decal by purchase, upon payment of a fee set by the governing body. An
existing holder of a decal may be entitled to a replacement decal in the event of a change in
vehicles, windshield replacement or similar circumstances.
The provisions of Section 66-181(b) shall remain intact and are not repealed nor changed
in connection herewith.
SECTION 3
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 4
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 5
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 6
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
ADOPTED THIS DAY OF , 2017.
______________________________ MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
572/000001/Ordin 2017/15-2017 Resident Decals 09.06.17
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1657048.1
ORDINANCE NO. 15-2017-B
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA, RELATING TO PARKING DECALS AND SPECIFICALLY COURTESY DECALS
SO AS TO AMEND SECTION 66-181(a) TO CLARIFY THE PROVISIONS RELATING
TO COURTESY DECALS, TO ESTABLISH AN EFFECTIVE DATE
AND TO REPEAL ANY 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 add to Section 66-181)a) dealing with
courtesy decals, to establish an effective date, to repeal conflicting ordinances and for other
purposes; and
WHEREAS, the current provisions of Section 66-181 regarding courtesy decals
referencing an address is creating confusion and unnecessary work on the part of City staff and
officials.
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 66-181(a) dealing with
courtesy decals, is hereby amended so that hereafter the section shall read as hereinafter
provided.
SECTION 1
The Code of the City of Tybee Island, Georgia, is hereby amended so as to cause Section
66-181(a) to be amended so that it shall hereafter read as shown below.
SECTION 2 Sec. 66-181.
(a) A decal shall be issued for a period of no longer than one (1) year and will only be
issued upon the presentation of a current, valid state registration indicating the Code for tax
purposes for the City of Tybee Island and also indicating that the ad valorem tax, if any, thereon
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has been paid. The decal is intended to be issued only to Tybee residents and evidence sufficient
to establish residency within the City including deeds, homestead exemptions, utility bills, and/or
an affidavit may be submitted for proof of residency. Decals may be validly used on motor
vehicles such as automobiles, trucks, recreational vehicles, motorcycles, low speed vehicles,
buses, trailers and other objects with state tags. Persons whose automobiles, etc., are not
registered to a City address may obtain a decal by purchase, upon payment of a fee set by the
governing body. An existing holder of a decal may be entitled to a replacement decal in the
event of a change in vehicles, windshield replacement or similar circumstances.
The provisions of Section 66-181(b) shall remain intact and are not repealed nor changed
in connection herewith.
SECTION 3
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 4
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 5
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.
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SECTION 6
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
ADOPTED THIS DAY OF , 2017.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING: ______
SECOND READING: ______
ENACTED:
572/000001/Ordin 2017/15-2017 Resident Decals 09.06.17
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