HomeMy Public PortalAbout20180111AmendedCityCouncilPacket.pdfTable of Contents
000_000_20180111AmendedAgenda....................................................................................................................................................................................... 1050_010_20171214Minutes....................................................................................................................................................................................... 3050_020_20171220Minutes....................................................................................................................................................................................... 12050_030_OrganizationalMeetingJan18....................................................................................................................................................................................... 13060_050BramblePlanning Commission....................................................................................................................................................................................... 14100_010_PC-CC-PACKET....................................................................................................................................................................................... 15 Untitled_20171206_112748_001....................................................................................................................................................................................... 23 Untitled_20171206_112822_001....................................................................................................................................................................................... 31 Untitled_20171206_112902_001....................................................................................................................................................................................... 41 20171218 PC_AGENDA 2.pdf PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Alan Robertson Edward M. Hughes 20171218 PC_AGENDA 2.pdf PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 16 Demery Bishop Shawn Gillen....................................................................................................................................................................................... 16 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 16 20171218 PC_MINUTES.pdf PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 57 Demery Bishop Shawn Gillen....................................................................................................................................................................................... 57 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 57100_020_20171218 PC_MINUTES....................................................................................................................................................................................... 59 PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 59 Demery Bishop Shawn Gillen....................................................................................................................................................................................... 59 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 59110_010_2018 Turtle Trot Agenda Request....................................................................................................................................................................................... 61120_010_REV - 01.02.18 - FCMC Contract_Tybee CLEAN....................................................................................................................................................................................... 64140_020_Unpermitted Event - 01.09.18....................................................................................................................................................................................... 72160_010_01-23-2017 TIMSF Board of Trustees Meeting Minutes....................................................................................................................................................................................... 75160_020_03-27-17 TIMSF Board of Trustees Meeting Minutes....................................................................................................................................................................................... 77160_030_05-22-17 TIMSF Board of Trustees Meeting Minutes....................................................................................................................................................................................... 80160_040_07-24-17 TIMSF Board of Trustees Meeting Minutes....................................................................................................................................................................................... 82160_050_10-02-2017 TIMSF Board of Trustees Meeting Minutes....................................................................................................................................................................................... 83160_060_12-18-2017 TIMSF Board of Trustees Meeting Minutes....................................................................................................................................................................................... 84
20180111AmendedCityCouncilPacket Page 1 of 85
AMENDED AGENDA REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL January 11, 2018 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 Memoriam - 2017
3 Invocation
4 Pledge of Allegiance
IV. Recognitions and Proclamations
1 Ava Thomas, Tybee Island Youth Council: Presentation of the Youth of the Month
V. Consideration of the approval of the minutes of the regular meetings of the Tybee island City Council
1 City Council Minutes, December 14, 2017
2 Special City Council Minutes, December 20, 2017
3 Organizational Meeting, January 2, 2018
VI. Consideration of Boards, Commissions and Committee Appointments
1 Tybee Island Planning Commission
i. Demery Bishop (re-appointment)
ii. Ron Bossick (re-appointment)
iii. Tina Gann (re-appointment)
iv. John King (re-appointment)
v. Marianne Bramble
VII. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes.
1 Tabitha Hill, Volunteer Fire Fighters Fundraiser report and presentation 2 Cheryl Haven Branch, Executive Director, SAFE Shelter
VIII. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times if 5 minutes.
IX. Consideration of Approval of Consent Agenda
X. Public Hearings
1 Zoning Variance, 10 Robinson Avenue: Consideration of setback encroachments for single
family dwelling: Zone R-1, PIN 4-0002-08-005, Mack Kitchens
2 Minutes, Planning Commission Meeting, December 18, 2017
XI. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
1 Alcohol License Request: Special Event – Beer and Wine – Turtle Trot, Walter Parker Pier and
Pavilion/1509 Strand, April 28, 2018
XII. Consideration of Bids, Contracts, Agreements and Expenditures
1 McColm Consulting, Ratification
2 North Beach Grill, Repairs – TO BE HEARD AT A FUTURE MEETING 3 Passport Labs, Inc – TO BE HEARD AT A FUTURE MEETING
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XIII. Consideration of Ordinances, Resolutions
XIV. Council, Officials and City Attorney Considerations and Comments
1 Jason Buelterman i. Purchasing sand stockpile and bags for residents for flooding and salt for road treatment
for future winter weather events
2 Bubba Hughes
i. Resolution regarding restrictions on special events including dates, alcohol consumption,
outdoor music and other restrictions
3 Wanda Doyle
i. Update on Marine Science Center ii. Update on Island wide drainage
iii. Highway 80 median
4 Monty Parks
i. Dog Park
XV. City Manager’s Report
1 Hazard Mitigation Grant Program update
XVI. Minutes of Boards and Committees
1 TIMSF Board of Trustees Meeting Minutes, 2017
XVII. Executive Session
1 Discuss litigation, personnel and real estate acquisition
XVIII. Possible vote on litigation, personnel and real estate acquisition discussed in executive session
XIX. Adjournment
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the 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.”
20180111AmendedCityCouncilPacket Page 3 of 85
City Council Minutes December 14, 2017
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on December 14, 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; Angela Hudson, Director, Finance
Department; and Janet LeViner, Clerk of Council.
Mayor pro-tem Brown listed the following items on the consent agenda:
• City Council Meeting, November 9, 2017
• Special City Council Meeting, November 30, 2017
• Historic Preservation Commission
o Philip Rosen, Ph.D.
o Janet K. Will
o Kathy Dennis
o Jane Coslick (REAPPOINTMENT)
• Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License. Discussion: Mayor Buelterman stated as noted in the agenda package,
all approved. Ms. Doyle stated the fees for the liquor license for the American Legion is
waived as part of the budget cycle.
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 George Walker 10 Veterans
Drive
• Beachview Bed and Breakfast Inn, LLC Karen Kelly 1701 Butler
Ave
• 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
• Orriginal 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
• The Stoned Mullet dba Anthony Debreceny 404 Butler Ave
The Deck
• Nickie’s 1971 Roy Landrum 1513 Butler
Ave
20180111AmendedCityCouncilPacket Page 4 of 85
" N o r t h B e a c h B a r a n d G r i l l K a t h r y n W i l l i a m s 3 3 - A M e d d i n D r
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A v e
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( S a m e B u s i n e s s * * C h a n g e o f O w n e r s h i p )
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S t r e e t
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P R E M I S E S O N L Y
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S t r a n d
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D r i v e
B E E R / W I N E S U N D A Y S A L E S B Y D R I N K F O R C O N S U M P T I O N O N P R E M I S E S O N L Y A N D E N T E R T A I N M E N T
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S t r e e t
L i g h t h o u s e P i z z a N o r t h
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D r i v e
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D r i v e
" T y b e e R e s t a u r a n t G r o u p , I n c . B e t h a n y K e l l a m 3 3 M e d d i n
D r i v e ( N e w B u s i n e s s ) d b a T h e S a l t y P e l i c a n
" F r i e n d s o f T y b e e T h e a t e r d b a J a m e s K l u t t z 1 0 V a n H o r n e A v e
T y b e e P o s t T h e a t e r
B E E R / W I N E S U N D A Y S A L E S B Y D R I N K F O R C O N S U M P T I O N O N P R E M I S E S O N L Y
" L i g h t h o u s e P i z z a , I n c . R i c h a r d H a m m o n s 1 5 T y b r i s a
S t r e e t
2 0 1 8 0 1 1 1 A m e n d e d C i t y C o u n c i l P a c k e t P a g e 5 o f 8 5
dba Lighthouse Pizza
BEER/WINE/LIQUOR, SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES
ONLY AND ENTERTAINMENT
WINE-PACKAGE SALES ONLY, CONSUMPTION ON PREMISES PROHIBITED
• Tybee Island Social Club Kurtis Schumm 1311
Butler Ave
BEER/WINE/LIQUOR – BY DRINK FOR CONSUMPTION ON PREMISES ONLY
• Sundae Café Anthony J. Baker 30-A
First Street
BEER/WINE/LIQUOR – BY DRINK FOR CONSUMPTION ON PREMISES ONLY AND ENTERTAINMENT
• Tybee Time Inc. dba Doc’s Bar On Tybee Steven Kellam 10 Tybrisa St BEER/WINE/LIQUOR – SUNDAY SALES – PACKAGE SALES ONLY, CONSUMPTIION
ON PREMISES PROHIBITED
• Dizzy Dean’s Discount Liquor A. Todd Morrison 1516 Butler
Ave(Same Business*Change of Ownership)
• XYZ Liquors Terese M. Jung 302
First Street BEER/WINE – SUNDAY SALES – PACKAGE SALES ONLY, CONSUMPTION ON
PREMISES PROHIBITED
• Chu’s Convenience Mart Richard Frederick Pruden 725
First Street
• Chu’s Convenience Mart #101 Mola Chu Jung 306
First Street
• Chu’s Convenience Mart #102 Mola Chu Jung 1603
Inlet Ave
• Jaydeep LLC dba Shell Food Mart Rajesh Patel 1315 Butler Ave
• Tybee Market Inc. Michael J. Hosti 1111
Butler Ave
ENTERTAINMENT ONLY
• Tybee Wedding Chapel LLC Stacye C. Jarrell 1114
HWY 80
• Thomas & Hutton Contract. Discussion: Dr. Gillen stated this is the contract with
Thomas & Hutton to be the City’s engineering firm so all projects will be worked through them. There is no money commitment as this formalizes the relationship with the firm.
Mayor Buelterman stated the contract was discussed with the Infrastructure Committee
and they recommended approval. Mr. Hughes recommended this contract be approved
subject to the approval of the City Manager as well as himself. Mr. Major made
reference to the contract and to the designation of the “owners representative”. He
asked if only one person would be the “owner’s representative” as our projects are so
diverse. Dr. Gillen responded it is he desire to only have one “owner’s representative”
as this will streamline the process. Mr. Hughes clarified other concerns from Mr. Major.
20180111AmendedCityCouncilPacket Page 6 of 85
" T y l e r T e c h n o l o g i e s . D i s c u s s i o n : M r . H u g h e s s t a t e d t h i s a g r e e m e n t s h o u l d b e a p p r o v e d c o n t i n g e n t u p o n t h e C i t y M a n a g e r s a n d h i s a p p r o v a l . T o d d S m i t h
a p p r o a c h e d . M r . S m i t h s t a t e d t h i s i s a n a d d o n t o t h e c u r r e n t s e r v i c e s p r o v i d e d b y
I n c o d e . D r . G i l l e n s t a t e d t h i s w i l l p r o v i d e s u p p o r t f o r o n l i n e p a y m e n t s o f b u s i n e s s
l i c e n s e s a n d s h o r t t e r m r e n t a l s .
" S E C o r r e c t i o n s A g r e e m e n t , A m e n d m e n t , P r o b a t i o n S e r v i c e s
" F u n d r a i s i n g f o r V o l u n t e e r 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 . D i s c u s s i o n : D r . G i l l e n
e x p l a i n e d t h e p r o c e s s f o r r e c e i v i n g f u n d s f o r t h i s f u n d r a i s e r . A t h i r d p a r t y , 5 0 1 c 3 , w i l l a c c e p t t h e p r o c e e d s f r o m t h e f u n d r a i s e r a n d i n t u r n w r i t e a c h e c k t o t h e C i t y . D r .
G i l l e n s t a t e d t h e p r o c e e d s w i l l b e u s e d t o e n h a n c e t h e 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 .
" C i t y C o u n c i l e s t a b l i s h t h e f i s c a l y e a r 2 0 1 7 - 1 8 t h e O p e r a t i n g G r a n t S p e c i a l R e v e n u e F u n d f o r $ 1 , 9 4 6 , 8 7 2 w i t h R e s o l u t i o n
" M e m o r a n d u m o f A g r e e m e n t , T y b e e I s l a n d I n f o r m a t i o n H u t P a r t n e r s h i p
" C i t y C o u n c i l a m e n d t h e f i s c a l y e a r 2 0 1 7 - 1 8 t h e C h a t h a m C o u n t y S P L O S T V I C a p i t a l F u n d
b y a n d e c r e a s e o f ( $ 3 , 2 0 2 ) f r o m $ 4 5 0 , 9 8 4 t o $ 4 4 7 , 7 8 2
" C i t y C o u n c i l a m e n d t h e f i s c a l y e a r 2 0 1 7 - 1 8 t h e S P L O S T 2 0 1 4 C a p i t a l F u n d b y i n c r e a s i n g
$ 3 0 0 f r o m $ 1 , 4 1 0 , 2 0 9 . 2 6 t o $ 1 , 4 1 0 , 5 0 9 . 2 6
" C i t y C o u n c i l a m e n d t h e f i s c a l y e a r 2 0 1 7 - 1 8 t h e C h a t h a m C o u n t y S P L O S T V I C a p i t a l F u n d b y a n i n c r e a s e o f $ 1 1 , 9 7 6 f r o m $ 1 , 7 0 0 , 0 0 0 t o $ 1 , 7 1 1 , 8 3 6 w i t h R e s o l u t i o n
" C i t y C o u n c i l a m e n d t h e f i s c a l y e a r 2 0 1 7 - 1 8 t h e S P L O S T 2 0 0 8 C a p i t a l F u n d b y a n
i n c r e a s e o f $ 1 , 6 6 7 f r o m $ 1 , 9 5 9 t o $ 3 , 6 2 6
" P u r c h a s e , V a c u u m / R e g e n e r a t i v e A i r S t r e e t S w e e p e r , $ 1 8 0 , 0 0 0 , J o h n s t o n N o r t h A m e r i c a
" A m e n d m e n t t o c o m p l e t e t h e u p d a t e d T h r e a t e n e d a n d E n d a n g e r e d S p e c i e s R e p o r t
M a r s h H e n T r a i l .
" A c c e p t a n c e o f D o n a t i o n o f p r o p e r t y n e a r W r e n w o o d . D i s c u s s i o n : M r . H u g h e s
r e c o m m e n d e d M a y o r a n d C o u n c i l a p p r o v e t h e A c c e p t a n c e o f t h e D o n a t i o n a n d t h e
a p p r o p r i a t e C i t y S t a f f i s a u t h o r i z e d t o s i g n t h e n e c e s s a r y d o c u m e n t s i n c l u d i n g t h e
M a y o r o r M a y o r p r o - t e m a c c e p t i n g t h e c o n v e y a n c e a n d t h e d e e d s u b j e c t t o a p p r o v a l o f t h e d o c u m e n t s b y S t a f f .
M a y o r B u e l t e r m a n c a l l e d t h e r e g u l a r m e e t i n g t o o r d e r a t 7 : 0 0 P M . A l l t h o s e p r e s e n t f o r t h e 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
" P l e d g e A l l e g i a n c e
M a y o r B u e l t e r m a n a c k n o w l e d g e B i l l G a r b e t t a n d J o h n M a y o r a s t h i s i s t h e i r l a s t c o u n c i l
m e e t i n g o f t h e i r t e r m .
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 A v a T h o m a s , P r e s i d e n t , T y b e e I s l a n d Y o u t h C o u n c i l , 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
a n n o u n c e t h e Y o u t h o f t h e M o n t h . M s . T h o m a s a s k e d C a t h e r i n e E v a n s t o c o m e f o r w a r d t o
b e r e c o g n i z e d a s t h e Y o u t h o f t h e M o n t h .
M a j o r M o s l e y a n d C a p t a i n F o b e s , T y b e e I s l a n d P o l i c 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 n e w l y s w o r n i n o f f i c e r s : N a t h a n i e l D a l i t , R a y S m i t h a n d
D a v i d R u i z . M a y o r B u e l t e r m a n a n d C o u n c i l t h a n k e d t h e o f f i c e r s f o r t h e i r c o m m i t m e n t t o T y b e e I s l a n d .
2 0 1 8 0 1 1 1 A m e n d e d C i t y C o u n c i l P a c k e t P a g e 7 o f 8 5
Consideration of Boards, Commissions and Committee Appointments
Tybee Island Ethics Commission (total of three seats open – if approved one remaining seat).
Wanda Doyle recused. Monty Parks made a motion to approve Dennis Alexander. Bill
Garbett seconded. Vote was unanimous to approve, 5-0. Wanda Doyle recused. Julie Livingston made a motion to approve Ben Goggins. Bill Garbett seconded. Vote was
unanimous to approve, 5-0.
Alan Robertson, Chair, Code Review Committee approached Mayor and Council to give an
presentation on the completed Code Review. He made reference to the hard copy that was
provided Mayor and Council just prior to the meeting. Mr. Robertson stated a group was
formed of City Staff, Council and himself twenty months ago. During that time they have completely reviewed the City Code and have recommended changes as presented. Ms. Doyle
recommended, with Mr. Hughes guidance, to retain a person to guide the City through the
changes. Mr. Hughes confirmed. Ms. Doyle asked this be added to the agenda for the City
Council Workshop January 25, 2018. Mayor Buelterman confirmed and thanked Mr. Robertson for all his hard work.
Julia Pearce approached Mayor and Council to give an update on the Tybee MLK5/50 Forward. Ms. Pearce stated this will be Tybee’s fifth annual parade and 50 years since the
assignation of Dr. King. She then invited everyone to attend the parade on Saturday, January
6, 2018. Ms. Pearce stated the purpose of the Celebration is to bring people together for our
beloved community for justice and equality. The Grand Marshal for this year’s parade is John
Finny (ret), EOA. And Mistress of Ceremonies is Rev. June Johnson.
Wanda Doyle made a motion to approve the consent agenda. Monty Parks seconded. Vote
was unanimous, 6-0.
There was a brief discussion regarding the Public Hearing portion of the agenda being moved
from the first City Council Meeting of the month to the second meeting of the month which would give the Planning Commission additional time, if needed, to review requests and send
their recommendations to Mayor and Council. Mr. Hughes stated it has been the desire of
Mayor and Council to have the Public Hearings heard on the first City Council meeting of the
month. Mr. Hughes reminded Mayor and Council of the advertising laws for public hearings.
Mayor Buelterman asked Planning Commission Chair Demery Bishop to take to the Commission
for their recommendations and bring back to Mayor and Council. Chair Bishop confirmed.
Public Hearings Minor Subdivision, Sub-divide on lot into two lots – 38 Solomon Avenue; Zone R-1-B; Sharon Akers, PIN 4-0002-16-018. George Shaw approached Mayor and Council
stating Ms. Akers has applied for a minor subdivision which is a large lot running from Solomon through to Bright Street. The lot currently has two structures as well as a garage workshop
with an apartment above. It is their desire to split into two lots and this request meets all
requirements for size and set-backs for the zoning district. Staff is recommending approval, as
well as the Planning Commission, voting unanimously to approve. Mayor pro-tem Brown
confirmed the size of the lots. Mr. Hughes stated this request would re-combine lots 22, 21 and
20 on Bright Street to make it one lot. He recommended this be noted on the plat.
Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous to
approve, 6-0.
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Site Plan Approval and Parking Variance; Tybee Island Marine Science Foundation –
37 Meddin Drive; North Beach; Zone R-1/North End cultural Overlay; Maria Procopio; PIN 4-0001-03-013. George Shaw approached Mayor and Council and stated
the Marine Science Center is planning to move from their current location in the south 14th
Street Parking Lot to the north end of the North Beach Parking Lot. There are two parcels involved and accepting a third parcel, lot 4. Mr. Shaw showed the footprint of the building and
explain that some parking would be eliminated from the North Beach Parking Lot and
consultants have been contacted regarding adding parking to the North Beach Parking Lot. Bus
parking will be along Meddin for visitors. Mr. Shaw’s presentation included the landscaping and
drainage plans as well as the elevations of the building. Staff is recommending approval as it is
an institutional use in an area that is allowed by right. The Planning Commission voted in favor,
unanimously, of the site plan and parking variance. Mayor pro-tem Brown asked for
clarification of the variance request. Mr. Shaw responded the sited ordinance is for the C-1
District only. Mayor Buelterman asked the status of the North Beach Parking Plan Lot. Ms.
Doyle responded if the Marine Science Building is going to be built, a traffic flow needs to be
reviewed and it is her recommendation the Plan needs to wait until after the Marine Science Building is completed. Dr. Gillen stated the Parking Plan could be implemented at any time and
the traffic flow and pedestrian routing plan for the north area is going to begin after the first of
the year. He is awaiting a proposal from Thomas and Hutton and depending on the cost, may have to come before Mayor and Council for approval. This would include a complete north end
traffic plan for pedestrian, bikes and vehicular taking into account all current traffic issues.
Demery Bishop, Chair, Planning Commission approached Mayor and Council. He stated
as a result of the second meeting of the Planning Commission the question arose, in a planning
environment, what type of traffic study or mitigation is occurring from an Island wide
perspective, as a City, how are we going to facilitate the traffic as a result of the new Marine
Science Center. He would ask the Planning Commission be involved with the planning of the
traffic study as well as traffic in general. He continued, subsequent to the second meeting of
the Planning Commission, the Commission asked what is the Business Plan of the Marine
Science Center to include where is it coming from, what is the marketing strategy, financial
plan, and operational plan. Dr. Gillen responded to the financing of the building. He stated there is a $1.7M spend that needs to happen to complete construction of the building and the
City has permission to do a Recreational Bond through Chatham County Recreational Authority.
He continued, at the recent City Council Workshop, it was suggested the City commit $300,000
from the fund balance to the project then doing a lower bond of $1.4M. Bob Hunter, 3 Fleetwood Court, approached Mayor and Council. He stated he would like to see a plan that
ensures that various issues such as the road issues have been taken care of when the facility
opens. Mr. Hunter expressed his concerns with having the money to fix the roads as well as build the facility. He asked who has the authority to develop an integrated plan that ensures
when the facility is put in place that everything is there, i.e., roads, parking, etc. Mayor
Buelterman stated ultimately the responsible lies with the elected officials. Julie Livingston
stated the Public Safety Committee has looked at the increase of traffic as a result of the new
facility. Mayor pro-tem Brown expressed his concerns with the possibility of widening Meddin to
accommodate increased traffic. Monty Parks stated Mayor and Council do not have any idea of
the impact of the facility on traffic will be as there is no Business Plan and no way of projecting the additional traffic. Barry Brown made a motion to approve. Monty Parks seconded. Vote
was unanimous to approve, 6-0.
Consideration of Bids, Contracts, Agreements and Expenditures
Greenline – Tybee Island YMCA Gym roof. Mayor Buelterman expressed his concerns
with the cost of the repairs. Dr. Gillen responded this relates to the design cost for getting the
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project completed. This would be a completely new roof on top of the existing roof. Mayor pro-
tem Brown expressed his concerns with the cost of the roof. Dr. Gillen stated to fix the roof, as
it was poorly designed, a new roof must be put on. Ms. Doyle confirmed the deteriorating
conditions of the roof as well as the interior of the gym. Wanda Doyle made a motion to
approve. Julie Livingston seconded. Vote was unanimous to approve, 6-0. Authorize Use of $300,000 of Fund Balance for the Marine Science Center. Mayor
Buelterman confirmed the City allocated funds from the 2003 SPLOST for this facility and feels
Mayor and Council need to move forward with the construction. He made reference to the fact
that past councils as well as this council have been extremely responsible with spending and
now have $9.3M in the fund balance. Mr. Garbett expressed his concerns with how the City will
be repaid as there is no business plan. Mr. Parks stated there is an estimate of $1.7M which is two years old and based on per square foot. He feels $1.7M is very optimistic. Dr. Gillen stated
the remaining monies from SPLOST will get the construction documents. Mr. Parks started he
would prefer to pay cash for the construction rather than have a Bond and would still ask for a
business plan. Mayor Buelterman asked for the cost estimate of the facility and would like to establish a “not to exceed” amount. Ms. Doyle responded in the building of the Public Safety
Building there was a Construction Manager at Risk to ensure costs were kept in line and would
recommend there be one for the construction of the Marine Science Center. Mayor Buelterman asked Dr. Gillen to get an update on the Traffic Study from Thomas and Hutton. Dr. Gillen
confirmed and indicated he would reach out to them. Wanda Doyle made a motion to
approve. Monty Parks seconded. Voting in favor were Julie Livingston, Monty Parks, John
Major, Wanda Doyle and Barry Brown. Voting against was Bill Garbett. Motion to approve, 5-1. Consideration of Ordinances, Resolutions
First and Second Reading, 14-2017, Sec 42-66 Fireworks. Mr. Hughes stated the
proposed ordinance incorporates the provisions of State Law and provides clearly that certain areas are not permissible for the use of consumer fireworks including the beach or any portion
of the beach. The proposed ordinance restricts to the fullest extent possible the use of under
current State Law. Mayor Buelterman confirmed the City is doing everything possible, to the full extent of the State Law, to reduce the impact of fireworks and hazards of fireworks. Mr.
Hughes confirmed and added the only issue that has not been address is the location of the
vendors to sell. Mr. Major asked for clarification of the time fireworks can be used. Mr. Hughes
stated the ordinance is consistent with State Law and the window of opportunity is not very well drafted. He recommended Mayor and Council approve the proposed first and second reading
and the time issue will be revisited. Monty Parks made a motion to approve both first and
second readings. Barry Brown seconded the first and second readings. Vote was unanimous
to approve, 6-0.
First Reading, 18-2017, Corrective Ordinance, Article 15, Soil Erosion,
Sedimentation and Pollution Control. Bill Garbett made a motion to approve. Monty Parks 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.
First Reading, 2017-16, Sec 34-262, Registration Fee/Renewal, STVR. Mayor Buelterman explained this is an increase in the registration fee from $25.00 to $100.00 and
eliminating the requirement for a land line. Mr. Hughes stated there a number of changes and
the urgency is the increase of the fee. It is going from a registration fee to a regulatory fee which requires another ordinance to be amended. The proposed ordinance is designed to
change the fee. The requirement of signs was also discussed and he would recommend to pass
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on first reading as is and have the revisions be address on second reading. Mayor Buelterman
stated relative to the fee increase would another meeting be required prior to the first of the
year to approve on second reading. Dr. Gillen confirmed. Mr. Parks asked if Dr. Gillen has
additional staff to handle the regulatory compliance. Dr. Gillen confirmed as this will provide a
better database and streamlining the renewal process. Ms. Livingston expressed her concerns with the requirement to remove the land line. Mr. Hughes stated the updated 911 Call Center
will be able to locate your location in case of emergency. Dr. Gillen confirmed the additional
fees would pay for the additional City Marshal and administrative person needed for
compliance. Monty Parks made a motion to approve. Bill Garbett seconded. Motion to
approve unanimous, 6-0.
First Reading, 2017-17, Sec 58-179, Regulatory fee; schedule. Wanda Doyle made a motion to approve. Monty Parks seconded. Motion to approve was unanimous, 6-0.
Council, Officials and City Attorney Considerations and Comments
Conditional Zoning Agreement, Meddin Drive. Mr. Hughes stated Mr. Yellin and he have spoken and all conditions are included in the packet before them tonight. He asked if there are
concerns or questions. Mr. Parks confirmed he checked the packet to ensure all conditions are
included. Monty Parks 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.
Criteria for choosing which homes to evaluate for possible elevation through Hazard Mitigation Grant. Mayor Buelterman stated there are 138 residents that expressed an
interest in the Grant. Dr. Gillen confirmed. Mayor Buelterman asked Dr. Gillen the criteria for
which residents would be considered. Mr. Shaw responded criteria would include the
homesteaded properties; eliminating post-firm homes; repetitive loss properties; adding the
number of stories of a home and by adding these criteria it will get the list to 44. Mayor
Buelterman confirmed to criteria: Homesteaded property and eliminating post-firm. He then
asked how residents would be notified as to their status. Mr. Shaw responded staff will send letters. Mayor Buelterman stated he is not comfortable eliminating the criteria for two story
homes. Mr. Shaw explained there are 20 homes that have expressed an interest in the Grant
and post firm (non-compliance). Ms. Livingston recommended adding historical value to the
criteria. Mr. Shaw then recommended elevation of the lowest floor as those are the residences
that flood first. Ms. Livingston asked for a definition of repetitive loss. Mr. Shaw explained it is
two or more claims in 5 years. Mayor Buelterman recommended using the two criteria:
homesteaded properties and eliminating post-firm criteria. Dr. Gillen confirmed this agenda
item be added to the special city council meeting on December 19, 2017. To be added to the agenda for the Special City Council Meeting, December 19, 2017.
Administrative Changes in positions in the Class and Compensation Plan. Mayor Buelterman stated all changes are in the packet before them. Dr. Gillen explained the net
reduction to the current budget is $8,000. Ms. Doyle asked the status of an additional staff
member in the Planning and Zoning Office. Dr. Gillen responded with the moving of the Facilities Coordinator to the Planning and Zoning Office, this will be a back-up in the office as
well as assisting with film permitting. Ms. Doyle suggested the Facilities Coordinator ensure the
line of communication is open with scheduling city facilities and staff members. Wanda Doyle
made a motion to approve. Monty Parks 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.
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Beach Crossovers – Signage – Discuss sign content. Mayor Buelterman asked prior to
any construction of beach crossovers, the plan is brought to Mayor and Council for approval. Dr. Gillen confirmed. Mayor Buelterman stressed the importance of replacing the crossover at
Gullick as it is a public safety issue. He would also recommend the crossovers are built high
enough to go over the dune. Dr. Gillen then gave a short presentation regarding beach
crossover signage. There are several options for street side signage as to the direction,
materials and verbiage. He then showed the option of beach side signage. There was a
discussion as to the preference of Mayor and Council. Dr. Gillen to move forward with the bid
process and to have to signage in place by the tourist season. No action Drainage issues at Bright and North Campbell. Mayor pro-tem Brown stated he and
Dr. Gillen met with Thomas & Hutton recently to address the drainage issues. Dr. Gillen stated
Thomas & Hutton did present a drainage plan concept for the City. The south-end is a system issue which is more expensive as opposed to the north-end which the issues are localized
nuisance flooding to where there are drainage issues. The next step is to survey the area
which will take place after the first of the year. Ms. Livingston thanked Dr. Gillen and Mayor pro- tem Brown for taking on the project. To be heard by the Infrastructure Committee in February 2018.
John Major made a motion to adjourn. Bill Garbett seconded. Vote was unanimous, 6-0.
Meeting adjourned at 9:45PM.
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Special City Council Meeting Minutes, December 19, 2017
Mayor Buelterman called the Special Council meeting to order at 4:30PM on December 20,
2017. Those present were Julie Livingston, Monty Parks, Wanda Doyle, 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.
Consideration of Bids, Contracts, Agreements and Expenditures Approval of bid proposal for Hazard Mitigation Grant Consultant. Monty Parks made
a motion to approve. Bill Garbett seconded. Vote was unanimous to approve 4-0.
Consideration of Ordinances, Resolutions Second Reading, 2017-18 Corrective Ordinance, Article 15, Soil Erosion,
Sedimentation and Pollution Control. Monty Parks made a motion to approve. Bill
Garbett seconded. Vote was unanimous to approve 4-0. Second Reading, 2017-16, Sec 34-262, Registration Fee/Renewal, STVR. Monty Parks made a motion to approve. Julie Livingston seconded. Vote was unanimous to
approve 4-0.
Second Reading, 2017-17, Sec 58-179, Regulatory fee; Schedule. Bill Garbett made
a motion to approve. Monty Parks seconded. Vote was unanimous to approve 4-0.
Council, Officials and City Attorney Considerations and Comments
Bubba Hughes: Acceptance of Conveyance. Monty Parks made a motion to approve
and authorize Mayor pro tem Brown to sign the document. Julie Livingston seconded. Vote
was unanimous to approve 4-0.
Shawn Gillen: Crossovers: location and design. FOR DISCUSSION ONLY Monty Parks made a motion to adjourn. Bill Garbett seconded. Vote was unanimous to
approve 4-0. Meeting adjourned at 4:50PM.
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Organizational City Council Meeting Minutes 20180102
Janet LeViner, City Clerk, called the Organizational Meeting to order at 10:30AM, January 2,
2018. Those present were John Branigin and Monty Parks. All other council members and
mayor were excused.
Ms. LeViner administered the Oath of Office to John Branigin and Monty Parks per Section 2.18
of the Charter of the City of Tybee Island. Ms. LeViner stated she would travel to Chandler
Hospital to swear in Jackson Butler as he is currently a patient there and could not attend the
meeting.
Being no further business, the meeting was adjourned at 10:40AM.
_____________________
Janet LeViner, Clerk
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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 Shawn Gillen 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: 1/11/2018
Item: ZONING VARIENCE
Explanation: 10 ROBINSON AVENUE – CONSIDERATION OF SETBACK ENCROACHMENTS FOR
SINGLE FAMILY DWELING – ZONE R1 –PIN 4-0002-08-005 – MACK KITCHENS
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: 1/5/2018 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 Shawn Gillen
Ron Bossick
Tina Gann COMMUNITY DEVELOPMENT DIRECTOR
John King George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting AGENDA December 18, 2017 – 7:00 p.m.
For City Council Meeting January 11, 2018 – 7:00 p.m.
A. Call to order:
B. Consideration of Minutes:
1. Minutes of November 13 and 27, 2017
C. Disclosures/Recusals:
D. Old Business:
E. New Business:
1. Zoning Variance: Consideration of setback encroachments for single family dwelling -10 Robinson Ave. – Zone R1 –PIN 4-0002-08-005 –Mack Kitchens.
2. Site Plan Approval: Modify 3 Apartment Bldg. Into 4 Room Inn, Office, Kitchen & Spa –1705
Butler Ave. –Zone C-1 –4-0009-02-006 - Karen & Frank Kelly. –This item has been withdrawn
Adjournment:
Lisa L. Schaaf
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STAFF REPORT
PLANNING COMMISSION MEETING: December 18, 2017 CITY COUNCIL MEETING: January 11, 2018
LOCATION: Lot 10 Robinson Ave. (at Sprucewood Ave.) PIN: 4-0002-08-005
APPLICANT: Mack Kitchens OWNER: Francis Wiley
EXISTING USE: vacant lot PROPOSED USE: single-family dwelling
ZONING: R-1 USE PERMITTED BY RIGHT: yes
COMMUNITY CHARACTER MAP: Ft. Screven Historic District
APPLICATION: Zoning Variance (5-090) from Section 3-090 (Schedule of Development Regulations).
PROPOSAL: The applicant is requesting approval of setback variances for construction on a vacant R-1 lot.
ANALYSIS: A variance application identical to this current request was considered and approved by the Planning
Commission in December 2013 and by City Council on January 9, 2014. It was again approved by on January 12, 2015. Section 5-090(C) provides a limit of 12 months for approval for a granted Variance. Therefore, the applicant is now re-applying for the same Variance. The Minutes of the previous Planning Commission and City Council
meetings are included in this packet. The general character of the area surrounding this lot is residential. The parking area for a residential bed and
breakfast is to the east at the end of Robinson Avenue. Property occupied by the American Legion is nearby. The dimensions of this lot are approximately 65-feet by 53-feet. The square footage is 3,457. The minimum lot size
in the R-1 district is 12,000 square feet. The “hardship” definition of Section 5-090(A) reads:
(1) That there are unique physical circumstances or conditions beyond that of surrounding properties,
including a substandard lot of record that existed prior to March 24, 1971 (See Section 3-040); irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, or considerations related to the environment, or to safety, or to historical
significance, that is peculiar to the particular property; and; (2) Because of such physical circumstances or conditions or considerations, the property cannot be developed in strict conformity with the provisions of this Land Development Code, without undue
hardship to the property.
The required building setbacks for lots zoned R-1 are 20-feet front and back, and 10-feet sides. The applicant is
requesting approval of setback variances for construction on an existing foundation. The lot is located in the former Fort Screven area and the existing foundation may be circa 1940. The existing setbacks from the foundation to
the property lines are approximately 18-feet front/south, 9.5-feet rear/north, 11.7-feet east side, and 5.3-feet west side. There are rights-of-way of 50-feet, 45-feet, and 20-feet bordering the west, south, and east sides of the lot. The rights-of-way to the west and east are unopened. The north property line of the subject property is bordered
by the side yard of a single-family home at 5 Sprucewood Street. The single-family home to the east fronts Meddin Drive. The “200-foot rule” of Section 3-090(A)(1) is not applicable to this lot. The proposed use is in keeping with the R-1 zoning district as outlined in Section 4-050(A):
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This land use district is established to minimize development densities in certain portions of the island to
prevent overall development on the island from exceeding its environmental carrying capacity. Also to provide for quiet, livable, low-density single family institutions, as well as limited provisions for bed and breakfast operations.
The Comprehensive Plan describes the Ft. Screven Historic District as follows:
The Fort Screven Historic District includes Officers Row and all of Ft. Screven, which represents significant historic, cultural and natural resources. Varied uses include new, larger scale development, traditional cottages, townhomes/condominiums, public uses/parks, historic sites, narrow streets, street
trees, public parking. Zoning includes R-1, R-2, R-T, R-1/NEC, P-C, and PUD.
Comprehensive Plan – Community Character Area
The Ft. Screven Historic District
Recommended Development Strategies Meets Strategy
Y/N or N/A
1. Establish standards and guidelines for signage N/A
2. Provide signage for landmarks and historic businesses N/A
3. Preserve and restore historic structures whenever possible N/A
4. Provide appropriate incentives for historic restoration projects N/A
5. Ensure continued preservation of old growth trees, parks, and greenspace N/A
6. Support an improved bicycle and pedestrian environment with connected facilities N/A
7. Consider adoption of architectural standards for historic structures N/A
8.
The applicant has been advised that two means of egress are required by Section 9-050(C). The building plans will
be redrawn if this request for setback variances is granted. STAFF FINDING
Staff recognizes the required setbacks for a 12,000 square foot lot in an R-1 district are lot are challenging for development of this 3,457 square foot lot of record. The proposed single-family dwelling is not considered detrimental to the character of the surrounding neighborhood. Staff recommends approval
This Staff Report was prepared by George Shaw, Dianne Otto and Courtney Reich.
ATTACHMENTS A. Variance application
B. Minutes of Planning Commission Dec 2013 & City Council Jan 2014 meetings (3 pages)
C. SAGIS map (1 page) D. photos of existing conditions (1 page)
E. Survey showing existing foundation, dated October 5, 2012 (1 page)
F. Rendering of proposed single-family dwelling (1 page)
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Tina Gann COMMUNITY DEVELOPMENT DIRECTOR
John King George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting MINUTES December 18, 2017
Chair Bishop called the November 13, 2017 Tybee Island Planning Commission meeting to order.
Commissioners present were: Charles Matlock, David McNaughton, John King, Ron Bossick and Tina Gann. Alan Robertson was not present.
Consideration of Minutes: Chair Bishop asked for consideration of the November 13 and 27, 2017
meeting minutes. Chair Bishop made a comment on a couple items that he brought to Council this past
week that Planning Commission discussed briefly at the November 27th meeting. These were the traffic
study mitigation with regards to the Marine Science Center and also the financing with regards to a business plan. He would like to make sure those were noted in the minutes. Commissioner McNaughton made a
motion to approve and Vice Chair Bossick seconded, the vote to approve was unanimous.
Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals. There were none.
Old Business: Chair Bishop asked if there was any old business. There was none.
New Business:
Zoning Variance: Consideration of setback encroachments for single family dwelling -10 Robinson Ave. – Zone R1 –PIN 4-0002-08-005 –Mack Kitchens.: Mr. Shaw approached the Commission and stated the property has been to this commission four times and each time it was granted but expired. The petitioner
would like to build on this lot. This is also an old slab and is not in great shape and will probably need to be
removed. The lot is extremely small and is 65’X 53’ roughly and the R-1 setbacks would not allow much of
a footprint. Staff recommends approval. Vice Chair Bossick asked if the two lanes around the property
could be opened. Mr. Shaw stated yes they could. Chair Bishop asked if there were any changes to this application from the past applications. Mr. Shaw stated not that he noticed. Commissioner Matlock asked
are they only asking for a setback only, because somewhere there was mention of a chair lift and steps. Mr.
Shaw stated they are only asking for setbacks for the slab and the steps out front. Mr. Bernstein
approached the Commission and stated he lives at 5 Sprucewood Ave. and he stated he was concerned about
what was actually approved and if it will be any more encroachment to his property line. Mr. Shaw stated the footprint of the existing slab will be used with a 9’9” rear, 12’7” off east side, 5’3” off west side and
with the addition of the front steps 8’ off the front. Commissioner King stated is that regardless if the chair
lift goes in or not. Mr. Shaw stated the chairlift if used would fit in that same space. Commissioner
McNaughton asked if the stairs could come back more if the chairlift was not going to be added. Mr. Shaw
stated yes the stairs could be redirected but that will also depend on meeting the code requirements. Mack Kitchens approached the Commission and stated he lives at 146 South Campbell Avenue now and he plans
on living at 10 Robinson Avenue when his current property sells. He stated he had a structural engineer look
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at the foundation footings about four years ago when he first bought it and he was told they were stable and
the drainage is currently draining properly. Vice Chair Bossick stated if he rotated the house towards Sprucewood you wouldn’t need as much variance. Mack Kitchens stated he didn’t want to do that because
it would be more costly if he rotated it. Mr. Bernstein approached the commission and asked if Vice Chair
Bossick intended to recommend opening up Sprucewood Drive. Vice Chair Bossick stated he was only
thinking that it might be an option for Mr. Kitchens. Commissioner McNaughton made a motion to
approve, and Commissioner King seconded. Vice Chair Bossick stated he had a concern about the variances if someone else were to reposition the house. Commissioner McNaughton asked Mr. Shaw if the
house could not be built outside that line if we approve as is. Mr. Shaw stated if you approve the front
setback for the stairs technically you could also put house around those stairs. Commissioner McNaughton
stated he wanted to amend his motion to say that conditional upon the front side on Robinson Avenue wall
of the house not extend the set back. The motion was seconded again by Commissioner King, the vote to approve was four to approve and one to deny.
Chair Bishop stated he had a question from a resident that asked when is Tybee going file for the grant for
the raising of homes and there also was a reference that other jurisdictions have already filed, and those
dollars are limited and if it is not handled before the deadline then less money will be available. And also what is the current status from a planning perspective. Mr. Shaw stated that the deadline is the same for
everyone in the state which is February first 2018. We have a consultant that we hope to get approved
tomorrow. They will start work once they are approved. Then there will be a little over a month to evaluate
as many homes that can be managed. And the City has been told there is at least 20 million dollars available
for the state. Also the City will have to front the amount that will be needed and 2 to 3 million is a figure they are thinking about but that still needs to be decided.
Meeting adjourned 8:00pm
Lisa L. Schaaf
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Tina Gann COMMUNITY DEVELOPMENT DIRECTOR
John King George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting MINUTES December 18, 2017
Chair Bishop called the November 13, 2017 Tybee Island Planning Commission meeting to order.
Commissioners present were: Charles Matlock, David McNaughton, John King, Ron Bossick and Tina Gann. Alan Robertson was not present.
Consideration of Minutes: Chair Bishop asked for consideration of the November 13 and 27, 2017
meeting minutes. Chair Bishop made a comment on a couple items that he brought to Council this past
week that Planning Commission discussed briefly at the November 27th meeting. These were the traffic
study mitigation with regards to the Marine Science Center and also the financing with regards to a business plan. He would like to make sure those were noted in the minutes. Commissioner McNaughton made a
motion to approve and Vice Chair Bossick seconded, the vote to approve was unanimous.
Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals. There were none.
Old Business: Chair Bishop asked if there was any old business. There was none.
New Business:
Zoning Variance: Consideration of setback encroachments for single family dwelling -10 Robinson Ave. – Zone R1 –PIN 4-0002-08-005 –Mack Kitchens.: Mr. Shaw approached the Commission and stated the property has been to this commission four times and each time it was granted but expired. The petitioner
would like to build on this lot. This is also an old slab and is not in great shape and will probably need to be
removed. The lot is extremely small and is 65’X 53’ roughly and the R-1 setbacks would not allow much of
a footprint. Staff recommends approval. Vice Chair Bossick asked if the two lanes around the property
could be opened. Mr. Shaw stated yes they could. Chair Bishop asked if there were any changes to this application from the past applications. Mr. Shaw stated not that he noticed. Commissioner Matlock asked
are they only asking for a setback only, because somewhere there was mention of a chair lift and steps. Mr.
Shaw stated they are only asking for setbacks for the slab and the steps out front. Mr. Bernstein
approached the Commission and stated he lives at 5 Sprucewood Ave. and he stated he was concerned about
what was actually approved and if it will be any more encroachment to his property line. Mr. Shaw stated the footprint of the existing slab will be used with a 9’9” rear, 12’7” off east side, 5’3” off west side and
with the addition of the front steps 8’ off the front. Commissioner King stated is that regardless if the chair
lift goes in or not. Mr. Shaw stated the chairlift if used would fit in that same space. Commissioner
McNaughton asked if the stairs could come back more if the chairlift was not going to be added. Mr. Shaw
stated yes the stairs could be redirected but that will also depend on meeting the code requirements. Mack Kitchens approached the Commission and stated he lives at 146 South Campbell Avenue now and he plans
on living at 10 Robinson Avenue when his current property sells. He stated he had a structural engineer look
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at the foundation footings about four years ago when he first bought it and he was told they were stable and
the drainage is currently draining properly. Vice Chair Bossick stated if he rotated the house towards Sprucewood you wouldn’t need as much variance. Mack Kitchens stated he didn’t want to do that because
it would be more costly if he rotated it. Mr. Bernstein approached the commission and asked if Vice Chair
Bossick intended to recommend opening up Sprucewood Drive. Vice Chair Bossick stated he was only
thinking that it might be an option for Mr. Kitchens. Commissioner McNaughton made a motion to
approve, and Commissioner King seconded. Vice Chair Bossick stated he had a concern about the variances if someone else were to reposition the house. Commissioner McNaughton asked Mr. Shaw if the
house could not be built outside that line if we approve as is. Mr. Shaw stated if you approve the front
setback for the stairs technically you could also put house around those stairs. Commissioner McNaughton
stated he wanted to amend his motion to say that conditional upon the front side on Robinson Avenue wall
of the house not extend the set back. The motion was seconded again by Commissioner King, the vote to approve was four to approve and one to deny.
Chair Bishop stated he had a question from a resident that asked when is Tybee going file for the grant for
the raising of homes and there also was a reference that other jurisdictions have already filed, and those
dollars are limited and if it is not handled before the deadline then less money will be available. And also what is the current status from a planning perspective. Mr. Shaw stated that the deadline is the same for
everyone in the state which is February first 2018. We have a consultant that we hope to get approved
tomorrow. They will start work once they are approved. Then there will be a little over a month to evaluate
as many homes that can be managed. And the City has been told there is at least 20 million dollars available
for the state. Also the City will have to front the amount that will be needed and 2 to 3 million is a figure they are thinking about but that still needs to be decided.
Meeting adjourned 8:00pm
Lisa L. Schaaf
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This is a non-exclusive contract Agreement effective as of December XX, 2017 between The City of Tybee Island
[CLIENT], having its principal office at 403 Butler Avenue, Tybee Island, GA 31328 and F.C. McColm Consulting, LLC, a limited liability company chartered under the laws of the State of Florida, having its principal place of business at
P.O. Box 12293, Tallahassee, FL 32317.
The CLIENT requires the services of a qualified firm to perform certain professional services for the CLIENT’s projects at various locations.
The CLIENT intends to engage F.C. MCCOLM CONSULTING, LLC to perform certain professional services related to
the City of Tybee Island’s hazard mitigation activities.
The Assignment will have the following characteristics: On an as-needed basis, the CLIENT will issue Task Orders to
F.C. MCCOLM CONSULTING, LLC describing the work required under this Agreement. In response, F.C. MCCOLM
CONSULTING, LLC will prepare a scope of work and cost estimate which shall become part of the Task Order upon execution by both parties.
In consideration of the mutual promises herein, F.C. MCCOLM CONSULTING, LLC and the CLIENT agree that the
terms and conditions of this Agreement are the following:
1. BASIC SERVICES
Scope. F.C. MCCOLM CONSULTING, LLC shall provide the Basic Services as described in individual Task Orders authorized in writing by the CLIENT. A sample Task Order form is provided in Schedule A. The Task Order format
may be modified from time to time. F.C. MCCOLM CONSULTING, LLC’s obligations under this Agreement are solely for the benefit of the CLIENT and no other party is intended to benefit or have rights hereunder.
1.1. Standard of Care. F.C. MCCOLM CONSULTING, LLC shall perform the professional services under this Agreement at the level customary for competent and prudent professionals performing such services at the time and place where the services are provided [Standard of Care]. These services will be provided by F.C. MCCOLM
CONSULTING, LLC and other professionals and individuals skilled in other technical disciplines, as appropriate.
1.2. Instruments of Service. F.C. MCCOLM CONSULTING, LLC is responsible for the professional quality, technical
accuracy, timely completion, and the coordination of all instruments of its services including designs, drawings,
specifications, reports [collectively called Service Instruments] and other services provided under this Agreement.
1.3. Applicable Codes. The Service Instruments will conform to the generally accepted codes and regulations
applicable to the Project at the time of performance.
1.4. Subcontractors. Any subcontractors and outside associates of F.C. MCCOLM CONSULTING, LLC to be engaged by F.C. MCCOLM CONSULTING, LLC under this Agreement are limited to those identified in executed Task
Orders or as the CLIENT specifically approves during the performance of a Task Order.
1.5. Request for Proposal and Response. The City had submitted a request for proposal for the services contemplated by this contract and F.C. McColm Consulting, LLC provided a response. All provisions herein are to be construed
consistently with the request for proposal and the response by F.C. McColm Consulting, LLC. When conflicts arise, this contract shall govern.
2. ADDITIONAL SERVICES
2.1. Scope. F.C. MCCOLM CONSULTING, LLC will provide the Additional Services when authorized by the CLIENT in writing in a Task Order or amendment to a Task Order.
3. THE CLIENT’s RESPONSIBILITIES
Unless stated otherwise in Section 8 or in individual Task Orders, the CLIENT shall do the following in a timely manner:
3.1. The CLIENT’s Representative. The CLIENT will designate a representative having authority to give instructions,
receive information, define the CLIENT’s policies, and make decisions with respect to individual Task Orders.
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3.2. Project Criteria. Provide criteria and information as to the CLIENT’s requirements for a Task Order, including
objectives and constraints, space, capacity, scope of work, task assignments, and performance requirements, and any budgetary limitations to the extent known to the CLIENT.
3.3. Data. Provide all available information, including previous reports and any other data in the possession of the
CLIENT relevant to a Task order.
3.4. Access. Arrange for F.C. MCCOLM CONSULTING, LLC to enter upon property as needed for completion of a
Task Order.
3.5. Review. Respond to F.C. MCCOLM CONSULTING, LLC’s request for decisions or determinations.
3.6. Meetings. Hold or arrange to hold meetings required to assist in the work required by a Task Order.
3.7. Project Developments. Give prompt written notice to F.C. MCCOLM CONSULTING, LLC whenever the
CLIENT observes or otherwise becomes aware of any development that affects the scope or timing of F.C. MCCOLM CONSULTING, LLC's services.
4. PERIODS OF SERVICE
4.1. Time of Performance. Sections 4 and 5 anticipate the orderly and continuous progress of Task Orders through completion of each Task Order's scope of work.
4.2. Start of Performance. F.C. MCCOLM CONSULTING, LLC will start the Services described in each Task Order upon authorization by the CLIENT. If the CLIENT gives authorization before signing a Task Order, F.C. MCCOLM CONSULTING, LLC shall be paid as if the services had been performed after both parties signed the
Task Order. Task orders will only be valid if signed by the CLIENT’s authorized representative.
4.3. Force Majeure. If a force, event, or circumstance beyond F.C. MCCOLM CONSULTING, LLC's or the
CLIENT’S control interrupts or delays F.C. MCCOLM CONSULTING, LLC's performance, the time of
performance shall be equitably adjusted.
4.4. Term. This Agreement shall be in effect for three (3) years from date of execution, with an option for one (1) two (2) year renewal.
5. COMPENSATION
5.1. F.C. MCCOLM CONSULTING, LLC Services. Based upon the Scope of Services provided for in each Task
Order issued pursuant to the Agreement and Fee Schedule (Schedule B), the CLIENT shall pay F.C. MCCOLM
CONSULTING, LLC the amount stated in invoices issued for and in accordance with each Task Order for actual work performed and reimbursable expenses incurred during the period covered by the invoice. Invoices are payable
by the CLIENT within 30 days after receipt of invoice.
6. GENERAL CONSIDERATIONS
6.1. Changes. By written and/or electronic notice at any time, the CLIENT may change Services required by a Task
Order, provided such changes are within the general scope of the services contemplated by this Agreement. In such event, an equitable adjustment both in the compensation for and time of performance of the adjusted Task Order shall be made in writing prior to F.C. MCCOLM CONSULTING, LLC performing the changed services. Such
changes can only be required by the CLIENT’s authorized representative.
6.2. Confidentiality and Proprietary Information. F.C. MCCOLM CONSULTING, LLC will hold secret and confidential all information designated by the CLIENT as confidential [Confidential Information]; however, the
parties recognize that the City is subject to the Georgia Open Records Act. F.C. MCCOLM CONSULTING, LLC will not reveal Confidential Information to a third party unless:
6.2.1. the CLIENT consents in writing;
6.2.2. the information is or becomes part of the public domain; 6.2.3. applicable law, regulation, court order or an agency of competent jurisdiction requires its disclosure; or
6.2.4. failure to disclose the information would pose an imminent and substantial threat to human health or the
environment.
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6.3. All specifications, technical information, and other information furnished to CLIENT by F.C. MCCOLM
CONSULTING, LLC or developed by F.C. MCCOLM CONSULTING, LLC in connection with the work are, and will remain, the property of the CLIENT.
7.0. Disputes and Dispute Resolution. 7.1. Disputes. If a dispute or complaint [Dispute] arises concerning this Agreement, the CLIENT and F.C. MCCOLM
CONSULTING, LLC will negotiate a resolution of the Dispute. Should negotiation be unsuccessful, mediation of the Dispute by a third party shall follow. Any time which elapses in attempting to resolve the Dispute through
either or both negotiation or mediation shall extend day-for-day any applicable statute(s) of repose or limitation of
actions.
7.2. Negotiation. Following written notice of a Dispute, a minimum of one face-to-face meeting (or less if the Dispute
is resolved) shall be held.
7.3. Mediation. If negotiation is unsuccessful, a mutually acceptable third party [Facilitator] having expertise in the
subject of the Dispute shall be engaged to mediate the Dispute. The fee and expenses of the Facilitator shall be shared equally by the parties to the Dispute. The parties may present evidence and arguments to the Facilitator. Unless the Facilitator and the parties agree otherwise, a minimum of one face-to-face meeting shall be held within
the sixty-day period beginning on the date of the Facilitator's engagement.
7.3.1. Following the meeting or earlier if appropriate, the Facilitator shall report to the parties whether he believes the
Dispute is resolvable through mediation. At that point the parties shall elect (a) to continue mediation, (b) replace
the Facilitator and continue mediation, or (c) end mediation. If the mediation is ended, the parties may litigate the
7.4. Venue. The parties agree that in the event any dispute is not resolved in accordance with the above procedures any civil action arising as a result of any such dispute shall be maintained only in a court located in Chatham County,
Georgia or in the United States District Court for the Southern District of Georgia, Savannah Division and each party hereto agrees to submit itself to any such court.
8.0. Interpretation. This Agreement shall be interpreted in accordance with the laws of Georgia.
9.0. Insurance. F.C. MCCOLM CONSULTING, LLC will maintain insurance against the following risks during the term of the Agreement:
9.1. workers compensation in statutory amounts and employer's liability for F.C. MCCOLM CONSULTING, LLC's
employees' project-related injuries or disease;
9.2. general liability and automobile liability each in the amount of $1,000,000 for personal injury or property damage to
third parties which arises from F.C. MCCOLM CONSULTING, LLC's performance under this Agreement; and
9.3 .professional liability in the amount of $1,000,000 for legal obligations arising out of F.C. MCCOLM CONSULTING, LLC's failure to meet the Standard of Care.
10.0. Indemnification.
10.1. F.C. MCCOLM CONSULTING, LLC hereby agrees to indemnify and hold the CLIENT harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character
arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character arising out of the negligent acts, errors, or omissions of F.C. MCCOLM
CONSULTING, LLC or others for whose acts F.C. MCCOLM CONSULTING, LLC is responsible under this
Agreement.
11.0. Limitation of Liability. Notwithstanding any other provision of this Agreement and to the fullest extent permitted
by law, the parties agree that neither the CLIENT nor F.C. MCCOLM CONSULTING, LLC shall be liable to each
other for any special, indirect or consequential damages, whether caused or alleged to be caused by negligence, strict liability, breach of contract or warranty under this Agreement, Except for amounts for which indemnification
is given by F.C. MCCOLM CONSULTING, LLC hereunder, in no event will F.C. MCCOLM CONSULTING,
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X:\Clients\000572\0000.572.22781-Agreements-Contracts-MOUs\F.C. McColm Construction - hazard mitigation\FCMC Contract Tybee
LLC’s liability to the CLIENT, whether in contract, tort or any other theory of liability, exceed two times F.C.
MCCOLM CONSULTING, LLC’s fees for services from which the liability arises.
12.0 Successors.. This Agreement is binding on the successors and assigns of the CLIENT and F.C. MCCOLM
CONSULTING, LLC. The Agreement may not be assigned in whole or in part to any third parties without the
written consent of the CLIENT.
13.0. Independent Contractor. F.C. MCCOLM CONSULTING, LLC represents that it is an independent contractor
and is not an employee of the CLIENT.
14.0. Notices. Written notices may be delivered in person or by certified mail, or by facsimile, or by courier or by email. All notices shall be effective upon the date of receipt by the party.
15.0. Entire Agreement. This Agreement, including F.C. MCCOLM CONSULTING, LLC’s Schedules, Attachments,
and Task Orders executed pursuant to this Agreement, is the entire agreement between the CLIENT and the F.C. MCCOLM CONSULTING, LLC. Any prior or contemporaneous agreements, promises, negotiations or
representations not expressly stated herein are of no force and effect. Any changes to this Agreement shall be in
writing and signed by the CLIENT and F.C. MCCOLM CONSULTING, LLC.
16.0. Waivers and Severability. A waiver or breach of any term, condition, or covenant by a party shall not constitute a
waiver or breach of any other term, condition or covenant. If any court of competent jurisdiction declares a provision of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
17.0. Termination. This Agreement may be terminated by either Party at will and without cause, at any time upon thirty (30) days prior written notice to the other Party, and shall remain in force until so terminated. All information, data,
materials, software and any other materials provided to the Party must be returned to the other Party upon
termination of the Agreement.
18.0. Effective Date. This Agreement is effective on the date shown on the cover page.
19.0. SPECIAL PROVISIONS, EXHIBITS and SCHEDULES
19.1. Special Provisions. This Agreement is subject to the following special provisions:
Duties and Responsibilities of F.C. MCCOLM CONSULTING, LLC. F.C. MCCOLM CONSULTING, LLC or
its representatives may be on site during the various stages of the work to observe the progress and quality of the
work and to determine, in general, if the work is proceeding in accordance with the intent of the Agreement. Visits and observations made by F.C. MCCOLM CONSULTING, LLC will not relieve other contractors of their
obligation to conduct comprehensive inspections of the work, to furnish materials, to perform acceptable work, and
to provide adequate safety precautions.
Limitations of F.C. MCCOLM CONSULTING, LLC's Responsibilities. F.C. MCCOLM CONSULTING, LLC will not be responsible for other contractors’ means, methods, techniques, sequences or procedures of the work, or the safety precautions, including compliance with the programs incident thereto. F.C. MCCOLM CONSULTING,
LLC will not be responsible for contractors’ or their subcontractor's failure to perform the work in accordance with their contract with the CLIENT or any other agreement. F.C. MCCOLM CONSULTING, LLC will not be responsible for the acts or omissions of contractors, their subcontractors or any other contractors, or any of its or
their agents or employees or any other persons at the site or otherwise performing any of the work.
19.2.. Schedules. The following Schedules are attached to and made a part of this Agreement:
19.3.. Schedule A Sample Task Order Form
19.4. Schedule B Fee Schedule
Execution Authority. This Agreement is a valid and authorized undertaking of the CLIENT and F.C. MCCOLM
CONSULTING, LLC. The representatives of the CLIENT and F.C. MCCOLM CONSULTING, LLC who have signed
below have been authorized to do so.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year shown on the cover page.
City of Tybee Island [CLIENT] F.C. MCCOLM CONSULTING, LLC
By _________________________________________ By ____________________________________________
Title ________________________________________ Title ____________________________________________
Witness _____________________________________ Witness __________________________________________
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PROFESSIONAL SERVICES TASK ORDER
Project Number--Task Order Number: 1
Subject to the Agreement between the City of Tybee Island, GA [the CLIENT] and F.C. McColm Consulting, LLC, effective December 28, 2017, the CLIENT hereby authorizes F.C. MCCOLM CONSULTING, LLC to perform services
as specified in this Task Order and in accordance with the above mentioned Agreement. 1. Basic Project Information
Project Name: City of Tybee Island HMGP Application Development
CLIENT Representative: George Shaw, Community Development Director
F.C. MCCOLM CONSULTING, LLC Representative: Frank McColm, President
2. Scope of Services: F.C. MCCOLM CONSULTING, LLC shall perform its Basic and Optional Services as described
in Attachment 1, Scope of Services, attached and incorporated into this Task Order. 3. Period of Service: The period of service shall be through December 31, 2018.
4. Compensation: F.C. MCCOLM CONSULTING, LLC’s compensation under this Task Order is a not-to-exceed fee of $454,255.00.
5. This Task Order’s Pricing Schedule is attached and incorporated as Attachment 2.
6. Special Conditions: Subcontractors: Subcontractors engaged in performance of the services contained in this task order may include
Rostan Solutions, LLC and Thomas & Hutton.
ISSUED AND AUTHORIZED BY: ACCEPTED AND AGREED TO BY: CITY OF TYBEE ISLAND F.C. MCCOLM CONSULTING, LLC
By: ________________________________ By: _______________________________ Title: ________________________________ Title: _______________________________
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PROFESSIONAL SERVICES TASK ORDER
Project Number--Task Order Number: 1
Attachment 1 Scope of Services
1.) Scope of Services The professional services for this task order include the development of a comprehensive and eligible Hazard Mitigation Grant Program application package for residential elevation of up to 130 residential structures in the
City of Tybee Island. This effort will include but may not be limited to: participating property data collection and review, benefit-cost analysis, project scoping, schedule development, development of residential elevation cost
estimates, grant budget development, required environmental and historic preservation reviews, and addressing
RFIs from GEMA/FEMA related to the submitted application.
The scope of services will include one public meeting to explain the grant application development and submittal
process to affected property owners and address any questions.
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PROFESSIONAL SERVICES TASK ORDER
Project Number--Task Order Number: 1 Attachment 2 Fee Schedule
1.) Pricing. The contractor shall submit monthly invoices for services completed in accordance with the below unit price
schedule. Lump sum price per structure up to 20 structures: $4,175.00. Lump sum price per structure from 21-75 structures: $3,548.00
Lump sum price per structure from 76-130 structures: $3,193.00 The above unit prices per structure will each be reduced by $480.00 in the event that a structure has an existing
elevation certificate that does not require updating. .
2.) Expenses and Travel. The amount identified in section 1 of the Fee Schedule is inclusive of all costs required to
complete this task order.
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RESOLUTION
WHEREAS, the City of Tybee Island, Georgia (hereinafter the “City”) has recently
adopted a revised special events ordinance, No. 2017-04-A; and
WHEREAS, as amended, the ordinance authorizes the City, through the Mayor and
Council, to impose restrictions and to take appropriate action when an unpermitted event or
assembly is being promoted and where it appears that those involved in generating the media
promotion and entertainment ads for these unpermitted events are disregarding the City
requirements for securing permits and are not taking appropriate measures to lessen the impact
on public safety concerns and the burden on municipal services including, but not limited to,
police, parking control, traffic considerations and debris removal; and
WHEREAS, the ordinance authorizes the Mayor and Council, upon a report to it that an
unpermitted event is being promoted, advertised and published on social media and which
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, visitors, and the residents of the City;
and
WHEREAS, spring breaks of colleges and universities within travel distance of the City
are scheduled for March and April of 2018; and
WHEREAS, based on prior experience, social media and reports of planned activities, it
is anticipated that spring break during March of 2018 is likely to involve unruly behavior and the
consumption of alcohol by minors; and
WHEREAS, promotions on social media relating to the weekends and weeks of April 13
through April 23 include efforts to generate large crowds to participate in entertainment based
activities including, but not limited to, the public consumption of alcohol and the providing of
amplified music and other related forms of entertainment including, but not limited to, contests
amongst attendees and participants; and
WHEREAS, based on historical experience for spring break activities in or around March
and April of each year, these activities result in unruly and disruptive behavior presenting an
eminent threat to the public safety and welfare of the City and its citizens and impose a burden
on law enforcement and other resources of the City; and
WHEREAS, it is in the best interests of the City, its residents, citizens and visitors and to
the participants in unpermitted events promoted as spring break activities and/or other activities
named and unnamed on various social media and websites, to limit and control the consumption
of alcoholic beverages in open public areas during the impacted time frames; and
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WHEREAS, the City will make efforts to communicate with certain of the promoters of
events to make them aware of the City needs and requirements and the social media description
of some of the anticipated events reflect a burden on the resources and an overwhelming
potential of conceivably providing services for the public thus posing a significant risk to
participants and to the public at large; and
WHEREAS, the Mayor and Council of the City of Tybee Island, desiring to protect the
public safety and welfare, as well as public and private property within the City, deem and find
that appropriate action restricting activities is appropriate during the period of time specified
below during which the events are being promoted and/or are anticipated; and
WHEREAS, the Mayor and Council find that immediate action is necessary in order to
protect the public welfare and direct that this Resolution be distributed to news media, social
media available to the City, and by posting on the City website, and any other means reasonably
calculated to produce to all the world that this Resolution has been adopted and the restrictions
described herein will be effective and in place.
NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of
Tybee Island, in open meeting, duly assembled, that beginning at 12:01 a.m. on March 12,
2018 and continuing through 12:01 a.m. on March 17, 2018, and commencing on April 13,
2018 at 12:01 a.m. and continuing until 12:01 a.m. on April 23, 2018, inclusive, the
following restrictions are imposed except where a special event permit has been granted
therefor within the City.
1. Any unpermitted use of live musical entertainment involving amplified music
on the beaches, parking lots, streets adjacent to beaches and/or parks within the City and
any public property whatsoever; and the public consumption of alcoholic beverages or the
possession of open containers of alcoholic beverages in all public areas or on all public
property in the City excluding sidewalk cafes on the permitted premises for consumption
thereon; including parks, streets, sidewalks, parking lots, beaches, boardwalks, municipal
buildings, ocean waters or rivers adjacent to the beaches or marshes of the City are
prohibited during such time frame specified above.
2. The public consumption of alcoholic beverages or the possession of open
containers of alcoholic beverages is prohibited in all public areas or on all public property
in the City excluding permitted sidewalk cafes on the permitted premises for consumption
thereon, including parks, streets, sidewalks, parking lots, beaches, boardwalks, municipal
buildings, ocean waters or river waters adjacent to the beaches or marshes of the City.
3. The consumption or possession of open containers of alcoholic beverages as
specified above is also prohibited in vehicles of any type including motorized or self-
propelled vehicles, during the times or in the locations specified above.
SO RESOLVED, this the ____ day of ___________________, 2018.
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1641381.1
CITY OF TYBEE ISLAND, GEORGIA
By: ___________________________________
Jason Buelterman, Mayor
ATTEST:
By: ___________________________________
Clerk of Council
Tybee/Resolutions/2018/unpermitted event
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Tybee Island Marine Science Foundation Board of Trustees 1
Tybee Island Marine Science Foundation Board of Trustees
Officers
Cathy J. Sakas, President
Mike Neal, Vice-President
Mike Neal, Treasurer
Jeannie Hutton, Secretary
Directors.
Kate Bailey
Jennifer Drazek
Anne Lindsay
Carol Pride, Ph.D.
Karen Robertson
Kathryn Williams
City of Tybee Island Liaison
City Councilman Barry Brown
Executive Director
Maria T. Procopio
Cultivate responsible stewardship of coastal Georgia’s natural resources through education, conservation and research.
Meeting Minutes of: January 23, 2017
Present: Bailey, Drazek, Hutton, Lindsay, Neal, Pride (remote at 7:45 p.m.), Procopio, Sakas, Williams
Absent: Robertson, Brown
Called to order by: Sakas at 6:35 p.m.
________________________________________________________________
Announcements: Kate Bailey of Hunter Maclean was introduced. Karen Robertson’s father passed away over the weekend and
therefore she will not be in attendance at this meeting. We extend our sincere condolences to Karen and her family.
Review and Acceptance of Minutes: November 28, 2016, motion made to accept by ____, seconded by ___, vote unanimous.
Election of new officers: Sakas advised that given the large percentage of new members, the current officers agreed to serve
throughout 2017. A motion was made by Bailey to accept the slate, seconded by Williams, vote was unanimous.
2017 Conflict of Interest: - Sakas confimed that Trustees are familiar with the Foundation’s Conflict of Interest policy, and requested
all submit a completed form to her through BaseCamp by noon on January 27, 2017. Neal recused himself from a discussion on the
boat rental service his company supplies for the Center’s Floating Classroom program. Discussion ensued and Williams recommended
publishing an RFP to update records of competing bids and the board agreed.
Presentation: Procopio did a quick overview of the BaseCamp3 update, the collaborative cloud service used by the Board.
She will on-board Trustees this week.
Executive Director's Update
North Beach Facility:
Wanda Doyle met with Chatham County attorney John Hart to discuss the possibility of county funding with a recreational bond.
Hart considers it a possible fit. We discussed two known requirements: Outdoor recreational element(s) and a concession stand.
The new facility may meet both criteria with our planned recreational elements; right whale fluke fountain, sea turtle “climb on”
statues, life-size shrimp boat, Dune Scape walk, and the shop’s snack counter. Bubba Hughes (attorney for the COTI) is going to
meet with Hart to discuss further.
Annual Data Collection: In 2016 the Science Center served a documented 51,017 people, breaking the 50K mark over last
year’s close 49,986.
- Gallery admissions increased from 27,584 to 33,672 (reflecting the good work of the VisitTybee staff members. The Center
markets directly to schools and scouts, and position ourselves as part of the “island experience” (not a destination), we’ll continue
with that approach, but increase the center’s presence in partnership with VisitTybee.
- Participation in our Walks, Talks & Treks is down, because we didn’t anticipate the Girl Scout response to our expanded
advertising so we didn’t have enough educators to offer the number of programs originally scheduled, which will change in 2017.
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Tybee Island Marine Science Foundation Board of Trustees 2
- Note that almost 4,000 Chatham County children participated in the center’s programs without a fee through our Sidewalk to the
Sea and Sponsored programs (Fresh Air).
Financial Statement Review: The focus in 2016 was on upgrading operations’ equipment, which explained the increase in
supplies and fixed asset line items.
Proposed 2017 Budget: Shows an increase in both salaries and staff development to retain a highly skilled staff. With these
folks in place, Procopio’s 2017 focus will be income generation. Motion made to accept the proposed 2017 budget made by
Drazek, seconded by Lindsay. Vote unanimous.
Discussion: Trustees decided to move forward with the Loggerhead Sea Turtle Monument project. Neal will represent the Foundation
and be the project lead and working with The Kerulos Center.
Trustee Assignments: Sakas assigned Trustees tasks for 2017 as follows:
Robertson: Marketing Materials – asked to review and advise marketing strategies
Lindsay & Pride: MSW Training – asked to review and advise on the new iBook Marine Science Educator Training Guides
Bailey: By-Laws Revision – asked to review the proposed changes to the By-Laws and advise
Drazek: asked to check-in with Marsha Henson to plan the Sea Kayak race 2017 (hold-up for the moment JD)
Procopio, Neal, Williams, Hutton: Sponsorship Program – asked to design a program that’s not event-specific with a menu of
opportunities
Action Items:
Trustees – complete and submit 2017 Conflict of Interest form by noon, January 27, 2017
Procopio – contact Bubba to offer content assistance for Hart meeting
Procopio – publish RFP for Floating Classroom boat-naturalist services
Procopio – set-up Trustee assignment worksites on BaseCamp 3
Procopio – on-board Trustees to BaseCamp 3
________________________________________________________________
Meeting adjourned at: 8:25 p.m.
Minutes recorded by: Jeanne Hutton, secretary
Next Meeting Scheduled: Monday, March 27, 2017 at 6:30 p.m.
20180111AmendedCityCouncilPacket Page 77 of 85
Tybee Island Marine Science Foundation Board of Trustees
1
Tybee Island Marine Science Foundation Board of Trustees
Officers
Cathy Sakas, President
Mike Neal, Vice-President
Mike Neal, Treasurer
Jeannie Hutton, Secretary
Directors
Kate Bailey
Jennifer Drazek
Douglas Duch
Anne Lindsay
Carol Pride
Karen Robertson
Kathryn Williams
City of Tybee Island Liaison
City Councilman Barry Brown
Executive Director
Maria T. Procopio
Cultivate responsible stewardship of coastal Georgia’s natural resources through education, conservation and research.
Meeting Minutes of: March 27, 2017
Present: Bailey, Drazek, Duch, Hutton, Lindsay, Neal, Pride (remote), Procopio, Roberson, Sakas, Williams
Absent: Brown
Called to order by: Sakas
Announcements: Sakas introduced new trustee Doug Duch. Doug has 35 years of experience as a financial advisor, he’s currently an
advisor with Stifel Financial Corporation. He is an avid diver with an emphasis in megalodon shark teeth.
Approval of Agenda: Sakas called for a motion, Lindsay approved, Bailey seconded, and vote unanimous to accept.
Approval of Minutes: Sakas called for a motion to accept the minutes of January 23, 2017. Williams approved, Bailey seconded, and
vote unanimous to accept. Williams requested minutes be forwarded to the City of Tybee Island Council. Procopio assigned the task.
Executive Director's Update
North Beach Facility: Sakas and Procopio gave a brief summary of last meeting of building committee, see attached.
Operations: On line registration in place for Sea Camp. Walks, Talks & Treks are next.
Sea Camp syllabus completely revised with an emphasis on fun/child friendly learning.
Brief overview of the center’s newly designed digital Species Handbooks and Cart Exploration Program Training Guides to be
used as training tools for the marine science educators. Next is the incorporating the tools into the training design.
RFP for floating classroom vendors in process.
Financial Statement Review: Sakas asked if new trustees had reviewed the financial statements for year ending 12/31/2015 as
provided by CPA firm Canady, Richbourg and Woodward. Procopio to review all financial documents with Duch at a later date.
Kerulos’ Sea Turtle Sculpture Project: Neal connected with the director and local board member to review project expectations. Next
is the development of a business proposal.
2017 Sea Kayak Races Update:
1. Marsh Henson (MH) set the date for October 21st.
2. MH met with Kearney to review logistics and initiate.
3. MH reached out to John Wellens, SE Paddle Series coordinator, to list the event in the series.
4. MH and MP discussed TIMSF-SKG and agreed on the following roles: SKG - race logistics, TIMSC Staff - manage active.com, and
TIMSF – manage project, promotion, and sponsorship development.
5. MP set-up worksite on BaseCamp
Action Items:
Lindsay & Pride: Review and advise on the newly developed instructional training guide. Procopio initiate discussion.
Bailey & Sakas: Review and revise by-laws. Sakas will meet with Bailey to begin process.
Drazek: Collaborate with Marcia Henson to plan the Sea Kayak race 2017.
Williams & Hutton: Williams and Hutton met with Procopio to devise a sponsorship strategy. Procopio provide overview May meeting.
Neal: Kerulos’ sea turtle sculpture project – co-develop a business proposal for review at the May meeting.
Robertson: Will review materials and advise marketing strategies. Procopio will initiate review.
___________________________________________________________________________________________________________
Meeting adjourned at: 8:03 p.m. Minutes recorded by: Jeanne Hutton, secretary Next Meeting: Monday, May 22, 2017
20180111AmendedCityCouncilPacket Page 78 of 85
Chatham County Recreation Bond for North Beach Facility
On March 1st, the building committee met with Sottile & Sottile to add recreational elements into the concept design. The
revised design will be created on the aerial view document, rather than the actual blueprints, that way we don’t have to
involve the engineering firm (and their costs) until we’re further along in the process. The elements that will be included are;
sit-on sea turtle structures, a climb-on right whale, the DuneScape, and a refurbished shrimp trawler. My role is to cost out
the elements. We anticipate having the project ready to present to the county in late April.
20180111AmendedCityCouncilPacket Page 79 of 85
Sottile & Sottile Urban Analysis and Design
10 West Taylor Street, Savannah, GA 31401 Tel. 912.234.5510
OUTLINE OF PROFESSIONAL SERVICES March 13, 2017
TO: The Tybee Island Marine Science Center
Attn: Maria Procopio, Executive Director
1509 Strand Avenue
Tybee Island, GA 31328
RE: Scope of Specific Services
Tybee Island Marine Science Center
North Beach Facility
This outline describes specific design services for the Tybee Island Marine Science Center’s North
Beach Campus. The outline is based on all terms of the existing professional services agreement, dated
July 10, 2013 and is intended to define a series of specific roles and tasks. Services include continued
development of client’s goals, analyzing site opportunities, creating design solutions, and preparing a
Conceptual Design Presentation package for use in securing funding for the construction of the project.
OUTLINE OF SPECIFIC SERVICES:
Conceptual Design Presentation Package
Sottile & Sottile will prepare an update to the conceptual master plan, incorporating recreational
and exhibit information as determined in the building committee meeting on March 1st 2017, and
updating the building floor plans to reflect the most current design assumptions. Additionally,
Sottile & Sottile will develop and overall summary presentation of the conceptual design to include
the updated site plan, floor plans, rendered and technical elevations, and precedent images for
recreational exhibits. All deliverables will include graphic design, presentation layout and descriptive
narratives and captions.
FEE OUTLINE
Professional Services
Conceptual Design Presentation Package $ 2,475
Printing and Reproduction Services Reimbursed at Direct Expense
Payment Schedule
- Above services will be invoiced monthly, or as needed, based on project completion.
- Balance due and payable on receipt.
CONTRACT
- If the above outline is acceptable please sign and return this letter form of agreement.
Respectfully submitted,
Date: 3.13.2017
Christian B. Sottile
Accepted: Date: 03-15-17
20180111AmendedCityCouncilPacket Page 80 of 85
Tybee Island Marine Science Foundation Board of Trustees
1
Tybee Island Marine Science Foundation Board of Trustees
Officers
Cathy Sakas, President
Mike Neal, Vice-President
Mike Neal, Treasurer
Jeannie Hutton, Secretary
Directors
Kate Bailey
Jennifer Drazek
Douglas Duch
Anne Lindsay
David Makel
Carol Pride
Karen Robertson
Kathryn Williams
City of Tybee Island Liaison
City Councilman Barry Brown
Executive Director
Maria T. Procopio
Cultivate responsible stewardship of coastal Georgia’s natural resources through education, conservation and research.
Meeting Minutes of: May 22, 2017
Present: Bailey, Duch, Hutton, Makel, Neal, Procopio, Robertson, Sakas, Williams
Absent: Brown, Drazek, Lindsay, Pride
Called to order by: Sakas
Announcements: none
Approval of Agenda: Sakas called for a motion, Williams approved and Duch seconded. Vote unanimous to accept.
Approval of Minutes: Sakas called for a motion to accept the minutes of March 27, 2017. Bailey moved to accept, Neal seconded.
Vote unanimous to accept.
Board Business:
Dave Makel is a Tybee resident who spends most of his leisure time on the water; fishing, swimming and scuba diving. He
holds a Ph.D. in engineering and is a self-described geek. His last project was a joint venture with his wife rebuilding vintage
Airstream trailers. Currently, he is prototyping versions of his most recent patent. He considers Tybee a vibrant part of a critical
marine ecosystem and is interested in preserving this environment through education.
Sakas proposed a gathering for trustees, city council, advisory group to be scheduled for Tuesday, June 6th, 2017.
Trustees agreed on tentative date and Sakas will determine availability of invitees. When plans are firm, members will be
notified.
Sakas requested a motion to accept the application of Marianne Biel to the board. Neal moved to accept and Duch seconded.
Vote unanimous to accept.
By-Laws Revision: Bailey reviewed three possible revisions:
1. Number of trustees - Discussed and determined to retain existing requirement: No fewer than six and no more than 18.
2. Term limits – Currently there are no term limits. Discussed three two-year terms with a mandatory one-year off before eligible to
serve an additional term(s). Bailey recommended staggering terms. She will pull the language together and post on Basecamp for
further discussion.
3. Annual meeting – Discussion on when to hold the annual meeting to approve the upcoming budget, and elect directors and
officers. Sakas called for a vote to approve January as the annual meeting month. Williams moved to approve and Makel
seconded. Vote unanimous to accept.
Executive Director's Update: Procopio reported that the Turtle Trot was a success. Data is being collected and planning has begun to
focus on the 2018 Trot and turtle release, turtle season roll out and fund raising. Procopio had several suggestions for
compensation to GA Sea Turtle Center for donating this year’s lucky recovered turtle, Pike’s Peak. Procopio will have a full report for
next meeting.
Financial Statement Review: Year-To-Date financials were posted on Basecamp. Trustees have had an opportunity to review and
there were no questions.
20180111AmendedCityCouncilPacket Page 81 of 85
Tybee Island Marine Science Foundation Board of Trustees
2
Action Items:
Bailey: Initiate Basecamp discussion on by-law revisions with final review and vote at July meeting.
Bailey: Initiate process for an insurance “best practices” review.
Drazek: Collaborate with Marcia Henson to plan the Sea Kayak race 2017. No report.
Neal: Kerulos’ sea turtle sculpture project – co-develop a business proposal for review at the May meeting. Kerulos’ lead to schedule
the stakeholder’s discussion.
Procopio: Full Turtle Trot report and recommendations.
Sakas & Procopio: Plan June 6th gathering of stakeholders.
Schedule for November.
Lindsay & Pride: Review and advise on the newly developed instructional training guide.
Robertson: Will review materials and advise marketing strategies.
___________________________________________________________________________________________________________
Meeting adjourned at: 7:20 p.m. Minutes recorded by: Jeanne Hutton, secretary Next Meeting: Monday, July 24, 2017
Meeting followed by a social with delectable appetizers donated by the North Beach Grill.
20180111AmendedCityCouncilPacket Page 82 of 85
Tybee Island Marine Science Foundation Board of Trustees 1
Tybee Island Marine Science Foundation Board of Trustees
Officers
Cathy Sakas, President
Mike Neal, Vice-President
Mike Neal, Treasurer
Jeannie Hutton, Secretary
Directors
Kate Bailey
Mary Ann Beil
Jennifer Drazek
Douglas Duch
Anne Lindsay
David Makel
Carol Pride
Karen Robertson
Kathryn Williams
City of Tybee Island Liaison
City Councilman Barry Brown
Executive Director
Maria T. Procopio
Cultivate responsible stewardship of coastal Georgia’s natural resources through education, conservation and research.
Meeting Minutes of: July 24, 2017
Present: Bailey, Bailey, Beil, Duch, Makel, Neal, Procopio, Sakas
Absent: Brown, Drazek, Hutton, Lindsay, Pride, Robertson, Williams
Called to order by: Sakas
Approval of Agenda: Sakas called for a motion, Neal moved to accept, Duch seconded. Vote unanimous to accept.
Approval of Minutes: Sakas called for a motion to accept the minutes of May 22, 2017. Neal moved to accept, Duch seconded. Vote
unanimous to accept.
Board Business:
By-Laws Revision – Sakas called for a motion to accept the by-laws as revised, Duch moved to accept, Beil seconded. Vote
unanimous to accept.
Georgia Sea Turtle Center (GSTC) Partnership – Sakas called for a motion to assist in the GSTC’s effort to acquire x-ray
equipment for use in coastal rescue, rehab, and release operations for sea turtles. An underwrite in the form of $5,000, or 9% of the
total cost, would be released from the center’s Sea Turtle Conservation Fund (STCF) balance of $47,000. STCF revenue is generated
from the Turtle Trot, and public/corporate donations to the center’s Sea Turtle Conservation program and restricted to sea turtle
conservation. Duch moved to accept, Drazek seconded. Vote unanimous to accept. Additionally, Biel will explore the possibility of a
match by local radiologists.
Financial Statement Review: Year-To-Date financials were posted on Basecamp. Trustees have had an opportunity to review and
ask questions.
Executive Director's Update: none submitted
Sea Kayak Race (Drazek) – Drazek has initiated sponsorship solicitation and will post a sponsorship form on BaseCamp for use by
the trustees. Robertson plans to focus promotion on day-of activity. Procopio is assisting Marsha Henson of Sea Kayak Georgia with
event planning and pre-registration/day-of registration processes. The intent is to focus proceeds on the Sidewalk to the Sea program.
Action Items:
Biel: Explore the possibility of a match by local radiologists. pending
Procopio: Get a quote for a fidelity bond to cover employees handing money. pending
Procopio: Locate organization seal. pending
Procopio: Post SKR promotion documents on BaseCamp for Drazek complete
Lindsay & Pride: Review and advise on the newly developed instructional training guide. pending
Robertson: Will review materials and advise marketing strategies. pending
Neal: Kerulos’ sea turtle sculpture project – co-develop a business proposal for review at the May meeting. Pending Kerulos’ on lead
to schedule the stakeholder’s discussion.
___________________________________________________________________________________________________________
Meeting adjourned at: 7:20 p.m. Minutes recorded by: Mike Neal, TIMSF Vice-President Next Meeting: 09-25-2017
Meeting followed by a Sunset Cruise on the Bull River Cruises’ Island Explorer – many thanks to Mike Neal for a wonderful experience.
20180111AmendedCityCouncilPacket Page 83 of 85
Tybee Island Marine Science Foundation Board of Trustees 1
Tybee Island Marine Science Foundation Board of Trustees
Officers
Cathy Sakas, President
Mike Neal, Vice-President
Mike Neal, Treasurer
Jeannie Hutton, Secretary
Directors
Kate Bailey
Mary Anne Beil
Jennifer Drazek
Douglas Duch
Anne Lindsay
David Makel
Carol Pride
Karen Robertson
Kathryn Williams
City of Tybee Island Liaison
City Councilman Barry Brown
Executive Director
Maria T. Procopio
Cultivate responsible stewardship of coastal Georgia’s natural resources through education, conservation and research.
Meeting Minutes of: October 2, 2017
Present: Bailey, Beil, Brown, Drazek, Duch, , Lindsay, Makel, Neal, Pride, Procopio, Robertson, Sakas
Absent: Williams, Hutton
Called to order by: Sakas
Approval of Minutes: Sakas called for a motion to accept the minutes of July 24, 2017.
Procopio reported that our $5K donation to the Georgia Sea Turtle Center has not been delivered and suggested we plan
an event to showcase that partnership. Cathy suggested that Karen and Mary Ann collaborate to come up with a plan.
Procopio explained a budget modification was completed in August with help from Doug Duch which was posted on
Basecamp. Mike Neal moved to accept budget modification with Kate Bailey seconding. No discussion ensued and the
motion passed unanimously.
Drazek reported that all was on track for the Sea Kayak Race. Procopio however met with Marsha Henson and they
together decided to postpone the Sea Kayak Race until 2018 due to circumstances with Marsha’s work load. A new date will
be set for 2018 in collaboration with Marsha and her staff and Maria.
Procopio brought up Bull River Cruise RFP in regards to Mike Neal as vendor and Trustee as potential conflict of interest.
Kate and Doug indicated we still need to release an RFP and that Mike’s company may certainly bid on the program in the
future.
Mike has been serving as Vice President and Treasurer and we now have a Trustee on the Board that can serve as
Treasurer. Doug Duch was nominated by Cathy to serve and the motion was seconded. All voted in favor of Doug becoming
our Treasurer.
Maria reported that the Center survived the onslaught of Hurricane Irma with minimal flooding from the tidal surge that
plagued many homes on Tybee. Excellent prior planning minimized damage. Good Job Maria and Staff!
___________________________________________________________________________________________________________
Meeting adjourned at: 8 p.m. Minutes recorded by: Lindsay and transcribed by Sakas
20180111AmendedCityCouncilPacket Page 84 of 85
Tybee Island Marine Science Foundation Board of Trustees 1
Tybee Island Marine Science Foundation Board of Trustees
Officers
Cathy Sakas, President
Mike Neal, Vice-President
Douglas Duch, Treasurer
Jeannie Hutton, Secretary
Directors
Kate Bailey
Mary Anne Beil
David Makel
Carol Pride
Karen Robertson
Kathryn Williams
City of Tybee Island Liaison
City Councilman Barry Brown
Executive Director
Maria T. Procopio
Cultivate responsible stewardship of coastal Georgia’s natural resources through education, conservation and research.
Meeting Minutes of: December 18, 2017
Present: Bailey, Brown, Duch, Hutton, Neal, Pride, Procopio, Sakas, Williams
Absent: Beil, Lindsay, Robertson
Called to order by: Sakas
Announcements: Sakas and Procopio reviewed the outcome of the recent Tybee Island City Council meeting. Sakas applauded the
Tybee City Council’s action to approve the proposed science center site plans and the granting of a parking variance. The council also
set aside $300.000 in city funds towards the project and accepted the donation of Lot 4 by Lower Bay Street Properties. The council
also approved a liquor license for the science center's annual fund raiser the Tybee Turtle Trot race.
Approval of Minutes: Sakas called for a motion to accept the minutes of October 2, 2017. Pride approved, Duch seconded, and vote
unanimous to accept.
Board Business: Based on an online review and discussion of a proposal submitted by Procopio outlining a prospective community
partnership with Paulita Bennett-Martin on organizing an art auction at Sulfur Studios with proceeds supporting the center's NARW
programs, Pride approved, Duch seconded, and vote unanimous to proceed with the event.
Financial Statement Review: Duch commented on the science center’s year to date financial statement which demonstrates a 7%
increase in program fees, 6% increase in gallery fees and the improvement of the Discovery Shop. Duch also requested a monthly
visitor count. Procopio will provide visitor traffic data at next meeting. Williams also requested a review of RS&H draft parking plan.
Sakas called for a motion to accept the year to date financial statement. Hutton moved and Williams seconded. Vote unanimous.
Business meeting adjourned followed by a delightful Christmas social.
___________________________________________________________________________________________________________
Meeting adjourned at: 8:03 p.m. Minutes recorded by: Jeanne Hutton, secretary Next Meeting: Monday, January 29, 2017
20180111AmendedCityCouncilPacket Page 85 of 85