HomeMy Public PortalAbout20190214CityCouncilPacket.pdfMAYOR CITY MANAGER
Jason Buelterman Dr. Shawn Gillen
CITY COUNCIL CLERK OF COUNCIL
Barry Brown, Mayor Pro Tem Jan LeViner
John Branigin
Wanda Doyle CITY ATTORNEY
Julie Livingston Edward M. Hughes
Monty Parks
Shirley Sessions
CITY OF TYBEE ISLAND
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
A G E N D A
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
February 14, 2019 at 7:00 PM
Please silence all cell phones during Council Meetings
Consideration of Items for Consent Agenda 6:30PM
Executive Session
Opening Ceremonies
Call to Order
Invocation
Pledge of Allegiance
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
1. City Council Minutes, January 10, 2019
2. Special City Council Meeting Minutes, January 16, 2019
3. Special City Council Meeting Minutes, January 23, 2019
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5
minutes.
4. Kathryn Williams - Mitigation of Hurricane Matthew Recovery Losses
Consideration of Approval of Consent Agenda
Public Hearings
5. TEXT AMENDMENT: SEC. 2-010 TERMS & DEFINITIONS - TEXT CHANGES
6. ZONING VARIANCE: CONSIDERATION OF SETBACK ENCROACHMENT- 701 BUTLER
AVENUE- ZONE R-2- 4-0005-19-009- LYNN MOODY
7. PLANNING COMMISSION MINUTES FOR DECEMBER 17, 2019
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
8. PLANNING COMMISSION MINUTES FOR JANUARY 14, 2019
Consideration of Bids, Contracts, Agreements and Expenditures
9. The purpose of this agenda item is seek the City Council’s approval to amendment the
General Fund fiscal year 2018-2019 operating and capital budget by increasing the
budget by $207,273 from $13,761,695 to $13,968,968.
10. To request that the City Council approve a budget amendment to the FY2019 Hotel
Motel Excise Tax Special Revenue Fund by increasing the revenue and expenditures by
$62,000 from $3,107,000 to $3,169,000.
11. Agreement with the City of Tybee Island for the Highway Median Improvements and
Landscaping Project
12. Intergovernmental Contract - Chatham County Recreation Authority
13. Approve bid and ward YMCA gym roof repairs to Metalcrafts
14. Approve bids and authorize purchase of metal barricades and water filled barricades.
15. Approve quotes and award Sewer Lift Station Repairs to Southern Civil, LLC
Consideration of Ordinances, Resolutions
16. Resolution - Hotel - Motel Resolution
17. Resolution - Chatham County Recreation Authority
Council, Officials and City Attorney Considerations and Comments
18. Bubba Hughes - Amendment to Resolution Requesting Local Legislation to Update the
Charter
Executive Session
Discuss litigation, personnel and real estate
Possible vote on litigation, personnel and real estate discussed in executive session
Adjournment
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable
accommodations for those persons.
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings,
should do so during the citizens to be heard section. Citizens wishing to place items on the council
meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City
Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible
planning, preservation of our natural and historic resources, and partnership with our community to ensure
economic opportunity, a vibrant quality of life, and a thriving future.”
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
1. City Council Minutes, January 10, 2019
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City Council Minutes, January 10, 2019
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on January 10, 2019.
Those present were Monty Parks, John Branigin, Wanda Doyle, and Shirley Sessions.
Also in attendance were Edward Hughes, City Attorney; George Shaw, Director,
Community Development; and Janet LeViner, Clerk of Council. Barry Brown and Julie
Livingston were excused due to traveling and illness.
Mayor pro tem Brown listed the following items on the consent agenda:
Proclamation - Arbor Day
Proclamation - Official Flower of Tybee Island, Zinnia. Mayor Buelterman read
the Proclamation and thanked all those who were instrumental in this endeavor.
Proclamation - School Choice Week, January 20 - 26, 2019
Minutes, December 13, 2018
Minutes, Special Meeting, December 18, 2018
Alcohol License Request - Critz Tybee Run Fest, February 1 and 2, 2019
Out-of-state travel being requested for the Development Authority/Main Stree t
Executive Director to attend the annual National Main Street Conference being
held in Seattle, Washington March 25 – 27, 2019.
2019-01 Resolution – Registrar for the City
Superintendent of Elections
Request City Council approve a change order to the contract with Thompson
Engineering to perform a building assessment for additional buildings.
The Highway 80 Median Project bid process has been completed. There was
only one bidder, The Greenery that submitted a bid. The council action requested
is approval of only the base bid of $213,244.82, and the irrigation system with a
bid of $52,582.40. The total allocated for this project in the budget is
$260,000. The landscape architect is current working with the bidder to lower
the cost of the plantings to bring the total cost within budget. The budget line
item number is 100-6230-54-1400.
Solar Panel Project Loan Application
COLA Pay Increase of 3% for Staff
Monty Parks made a motion to adjourn to executive session to discuss litigation and
real estate. Wanda Doyle seconded. Vote was unanimous, 4-0.
Wanda Doyle made a motion to adjourn to regular session. Shirley Sessions
seconded. Vote was unanimous, 4-0.
Mayor Buelterman called the regular meeting to order at 7:00PM. All those present
for the consent agenda were present.
Opening Ceremonies
Call to Order
Posting of Colors and Pledge of Allegiance – American Legion Post 154
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�� I n v o c a t i o n P a s t o r D a v i d L a u g h n e r , C h a p e l b y t h e S e a
�� I n M e m o r i a l T h o s e r e s i d e n t s w h o p a s s e d a w a y d u r i n g t h e y e a r 2 0 1 8 w e r e
r e c o g n i z e d .
C h i e f R o b e r t B r y s o n a s k e d t h e f o l l o w i n g s t a f f m e m b e r s t o a p p r o a c h a n d b e
r e c o g n i z e d a s t h e y h a v e r e c e n t l y b e e n p r o m o t e d .
�� T o S e r g e a n t :
o R i c h i e D a s c a l l
o T J L e G u i n
o S k y l a r S t r i c k l a n d
o C h r i s W h i t e
�� T o M a j o r :
o J o e l F o b e s
M a y o r a n d C o u n c i l t h a n k e d e v e r y o n e f o r t h e i r d e d i c a t i o n t o t h e c i t i z e n s a n d v i s i t o r s o f
T y b e e I s l a n d .
M a y o r B u e l t e r m a n s t a t e d t h e C l e r k d i s t r i b u t e d b a l l o t s f o r c o n s i d e r a t i o n f o r t h e
P l a n n i n g C o m m i s s i o n v a c a n c i e s .
�� G a r y L . D e n n i s , P h D
�� D a v i d M c N a u g h t o n ( r e - a p p o i n t m e n t )
�� C h a r l e s M a t l o c k ( r e - a p p o i n t m e n t )
�� A l a n R o b e r t s o n ( r e - a p p o i n t m e n t )
O p e n v o t e w a s t a k e n ( a t t a c h e d ) . D a v i d M c N a u g h t o n , C h a r l e s M a t l o c k a n d
A l a n R o b e r t s o n w e r e r e - a p p o i n t e d a n d w i l l b e s w o r n i n a t t h e F e b r u a r y 2 0 1 9 P l a n n i n g
C o m m i s s i o n M e e t i n g .
T y b e e I s l a n d Y o u t h C o u n c i l S w e a r i n g i n C e r e m o n y . M a y o r B u e l t e r m a n
a d m i n i s t e r e d t h e O a t h t h e T y b e e I s l a n d Y o u t h C o u n c i l C l a s s o f 2 0 1 9 . M s . C h l o e F l y n n ,
L i a i s o n t o M a y o r a n d C o u n c i l a p p r o a c h e d a n d g a v e a n u p d a t e o n t h e a c t i v i t i e s o f t h e
T y b e e I s l a n d Y o u t h C o u n c i l .
C a r o l y n J u r i c k a n d P a t R o i s t e r 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 g i v e a n u p d a t e o n
t h e T y b e e I s l a n d M a r i t i m e A c a d e m y . M s . J u r i c k t h a n k e d M a y o r , C o u n c i l a n d t h e
C i t y o f T y b e e I s l a n d f o r e v e r y t h i n g t h e y d o f o r t h e M a r i t i m e A c a d e m y . S h e s t a t e d t h e
M a r i t i m e A c a d e m y i s a m o d e l f o r m a n y p e o p l e o n h o w c o m m u n i t i e s s h o u l d w o r k w i t h
t h e S c h o o l . M s . J u r i c k s t a t e d o n F e b r u a r y 1 9 , 2 0 1 9 M i c h a e l P a t r i c k O N e i l w i l l b e
v i s i t i n g t h e A c a d e m y d i s p l a y i n g h i s p h o t o g r a p h s t o t h e s t u d e n t s a n d t h e n m o v i n g t o t h e
T y b e e I s l a n d L i b r a r y t o m e e t w i t h t h e p u b l i c . S h e t h e n r e c o g n i z e d P a t R o i s t e r a s h e i s
r e t i r i n g a t t h e e n d o f t h e s c h o o l y e a r . H e s t a t e d t h e r e a r e 2 9 8 s t u d e n t s e n r o l l e d i n t h e
A c a d e m y w h i c h i s a l m o s t c a p a c i t y . M r . R o i s t e r a n n o u n c e d t h e M a r i t i m e A c a d e m y w a s
r e c e n t l y a w a r d e d t h e S i l v e r A w a r d i n t h e G r e a t e s t G a i n s c a t e g o r y b y t h e G o v e r n o r o f
t h e S t a t e o f G e o r g i a . T I M A i s a l s o b e i n g c o n s i d e r e d f o r C h a r t e r S c h o o l o f t h e Y e a r . H e
t h a n k e d e v e r y o n e f o r t h e i r c o n t i n u e d s u p p o r t .
B e n G o g g i n s 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 s p e a k t o t h e d e s i g n a t i o n o f t h e Z i n n i a
a s t h e f l o w e r o f T y b e e I s l a n d . H e r e a d f r o m a p r e p a r e d s t a t e m e n t ( a t t a c h e d )
e x p r e s s i n g h i s a p p r e c i a t i o n f o r J a n W i l l s w o r k r e g a r d i n g o b t a i n i n g t h i s d e s i g n a t i o n .
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Susan Estroff, 716 Jones Avenue, approached Mayor and Council. Ms. Estroff
stated she is speaking on behalf of the Historic Preservation Commission and asked
Mayor and Council’s support the second reading of 2019 -01, South-end Business
Overlay District. She thanked Mayor and Council for upholding the height ordinance
recently and asked they vote in the affirmative this evening (attached). Mayor
Buelterman thanked Ms. Estroff.
Sarah Jones, Historical Society, approached Mayor and Council to speak in favor of
the South-end Business Overlay District text amendment. Ms. Jones stated the
Historical Society is in favor of this Amendment and hope it is the first step of many
towards protecting Tybee’s historical structures. Mayor Buelterman thanked Ms. Jones
for her comments.
Jane Koslick approached Mayor and Council to thank them for their vision to pass the
South-end Business Overlay District ordinance on first reading and encouraged them to
pass on second reading. Mayor Buelterman thanked Ms. Koslick for everything she
does for the Island.
Monty Parks made a motion to approve the consent agenda. Wanda Doyle
seconded. Vote was unanimous, 4-0.
Public Hearings
Intergovernmental Agreement - Chatham County Recreational Authority. Mr.
Hughes stated this is a requirement in connection with the process of having the
Recreational Authority issue a bond. There will be additional advertisements regarding
the Recreational Authority intention to issue the Bond for the Marine Science Center.
The law requires this public hearing be conducted stating the local government will be
entering an Intergovernmental Agreement with the Recreational Authority. A vote is
not required but as this is a public hearing, those who wish to speak will be given the
opportunity. Ms. Session spoke in favor of the Marine Science Center as it will be a
positive addition to the City. Ms. Doyle stated the Marine Science Center is a
recreational and educational facility and a very important part of our community.
Mayor Buelterman stated this will be before the Chatham Country Recreational
Authority on February 14, 2019 for a vote. NO VOTE NECESSARY.
Zoning Variance: consideration of setback encroachment - 701 Butler Avenue
– Zone R-2 - 4-0005-19-009 – Lynn Moody. Mr. Shaw stated the petition will be
withdrawn as the petitioner was not able to attend the Public Hearing. Withdrawn
will be heard Feb 14, 2019 meeting.
Minor Subdivision: separating one lot to make two single-family lots -
1809 Chatham Avenue – Zone R-2 - 4-0009-13-009 – Kelley B. Parker. Mr.
Shaw approached Mayor and Council. Mr. Shaw stated Ms. Parker purchased the
property and would like to subdivide the property. Staff and the Planning Commission
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recommend approval unanimously. Wanda Doyle made a motion to approve. Monty
Parks seconded. Vote was unanimous to approve, 4-0.
Site plan approval consideration of a new Restaurant-1601 Inlet Ave. Zone
CI/SE 4-0008-17-003 Joshua Navon. Mr. Shaw approached Mayor and Council.
He stated this is a site plan application for a restaurant at 1601 Inlet which was the old
post office. Mr. Shaw continued, by the letter of the law, this request meets the
minimum site plan requirements and Staff does not think this is a good site plan as they
have removed all the potential parking in the rear of the building and there is no
buffering. He also stated there are concerns with the elevated deck adjacent to a
neighborhood. Staff did not recommend approval and Planning Commission
recommended denial, 5-1. Mayor Buelterman read a letter from John and Gail
Pomeroy, 1601 Lovell, requesting Mayor and Council deny the site plan request. Ms.
Doyle stated she has concerns as was there communication between Staff and the
petitioner regarding requirements and concerns. This is a by right use in the C-1
District and there are ordinances regarding noise, buffering and parking. She asked if
Staff met with the petitioner to discuss the site plans as it was their determination it
was not a good submission. Mr. Shaw responded he did meet with the architect twice
prior to the submittal of the site plan. He continued, at the first meeting they had
construction plans completed prior to discussing a site plan. Mr. Shaw discussed his
concerns with the architect and they did not make any real changes. He stated there
are no plantings on the property which causes all the run-off to go to the back of the
Island. There is also serious parking issues as the rear of the building now has decking
where parking was. He would have liked for them to make some accommodations for
the neighborhood. Tom Mahoney, Attorney, for the petitioner approached Mayor and
Council. Mr. Mahoney stated Mr. Navon is currently a business owner and is wishing to
build an upscale seafood restaurant. Mr. Mahoney then introduced Robert Poticny,
Greenline Architecture. Mr. Mahoney did a presentation showing the property is zoned
C-1 on The Strand, functions as the traditional Main Street of Tybee Island and contains
mixed uses. The proposed restaurant is a permitted use, appropriate use and the most
appropriate use for the site. Mr. Mahoney continued, they are not asking for any
variances and are in compliance with all Tybee Island Code requirements. He explained
the space is vacant commercial space and with the restaurant it will be an aesthetic
improvement to the community. Mr. Mahoney made reference to the size of the
building which is less than 2,000 sq ft which allows the petitioner to fit the proposed
business into the City of Tybee Code exemption from off-street parking. The upstairs
will be an additional 2,000 sq ft of restaurant seating. Mr. Parks asked if a site analysis
has been completed. Mr. Poticny stated he is charged with determining the square
footage of the building which is what the Code requires, not the roof. Mr. Parks stated
that any time a commercial property backs up to a residential he has concerns. He
would like a vegetative buffer on the rear side which would lend to some sort of beauty
to the area and that would give the residents some protection from noise. Mr.
Mahoney responded there is a vegetative buffer provision that the petitioner could
comply with in the Code and a fence could be placed along the neighboring road on the
rear of the property, 8’ tall with a vegetative buffer associated with that and they will be
happy to work with the City. Mr. Parks stated he is also concerned about lighting. It
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would not need to spill over and create a problem for the residents behind the
restaurant. Mr. Poticny responded they are sensitive to his concerns and can provide
cut-off fixtures. Mr. Parks then asked how loud the music will be on the upper deck.
Mr. Mahoney responded it will be dinner music, soft music, amplified, for people eating
dinner. They will also comply with the noise ordinance. Mr. Hughes stated this is Site
Plan Review and Mayor and Council have a Code section which deals with site plan and
buffer, Sec 3-160, that converts Site Plan Review to Special Review under sub-section
(C), where an existing use is being expanded, you can either elect to decree a street as
part of a buffer or as a buffer or Mayor and Council can impose additional buffering
requirements. In his opinion, Mayor and Council can impose restrictions. Ms. Doyle
asked if the hours of operation have been set. Mr. Mahoney responded he does not
believe the hours of operation have been determined. They will comply with the Noise
Ordinance and he does not feel music will be a problem. Mr. Parks stated he hopes the
restaurant not to be complaint driven business and is asking the petitioner to consider
the noise. Mr. Mahoney confirmed. Mr. Branigin asked Mr. Hughes if Mayor and
Council can stipulate that there shall not be live entertainment and the music for the
diners will be of a commercial service. In this way there is control over the volume.
Ms. Sessions stated her main concern is the noise. She would ask, if this is approved,
they be sensitive to the neighbors. Mr. Mahoney confirmed. Mr. Mahoney thanked
Mayor and Council for their time and consideration of the request. Mark Reed, 1515
Lovell Avenue, approached Mayor and Council to speak on this request and would ask
Mayor and Council deny as they do not support this request. There are three reasons:
(1) noise; (2) trash; and (3) and water contamination. He presented a packet poi nting
out his concerns (attached). Mayor Buelterman thanked Mr. Reed for his comments
and packet. Ms. Doyle stated the Public Safety Committee is currently reviewing the
noise ordinance which hopefully should be before Mayor and Council for their
consideration in March 2019. The City is also aware of storm water run-off as they are
working with the Environmental Protection Department to ensure the City is in
compliance. She also appreciates all the research Mr. Reed did and stated the City does
everything they can to protect the residents and visitors. Mayor Buelterman thanked Mr.
Reed for his comments and presentation. Jeffery Gosner, 1603 Lovell, approached
Mayor and Council. He shared his concerns with building a “two story bar” which will
be abutting a residential zone without any type of buffer. Mr. Gosner stated he believes
he has the right to quiet enjoyment of his home and by erecting this “two story bar”
they are infringing on his right. Mr. Parks responded to Mr. Gosner’s concerns regarding
buffers: with regards to the second floor buffer, Mayor and Council can impose
restrictions. Mr. Parks asked Mr. Poticny to come forward to address the buffer. Mr.
Mahoney stated there is a wall on the second floor directly behind the dining area which
will act as a buffer. Mr. Gosner asked Mayor and Council to specify what types of
wall/buffer that will be a part of the approval. The question of seating then was asked.
Mr. Poticny stated there are approximately 30 seats inside the building on the groun d
floor and approximately 40 on the second flood to include the bar area. Mr. Gosner
thanked Mayor and Council for addressing his concerns. Mayor Buelterman thanked Mr.
Gosner. Mayor Buelterman closed the public hearing. Monty Parks made a motion
for acceptance with a buffer requirement on two sides, one being the north side and
one the west side as well as the buffer on the second deck on the west side. Wanda
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Doyle seconded the motion. She asked if Mr. Parks would add to his motion reference
to the lighting. Mr. Parks stated the lighting should not escape the boundary of the
property and should not go out beyond the property. This would be part of the motion.
Ms. Doyle stated she would accept that with her second. Mr. Shaw asked if this request
passes, would Mr. Parks define buffer. Mr. Parks responded fencing and vegetative.
Mayor Buelterman asked Mr. Shaw if the buffers were presented to the Planning
Commission. Mr. Shaw stated they were not. Ms. Doyle made reference to Mayor and
Council being able to place restrictions on approval where the Planning Commission
does not have that ability. In that way the Planning Commission may deny a request
where Mayor and Council will approve but with restrictions. Mr. Parks stated he is not
placing anything in the motion regarding storm water run-off as he is aware of other
businesses that are using the storm water drains as a place to wash things down. He
complimented the Planning Commission for their hard work with this request. Mayor
Buelterman reminded Mayor and Council they need to quantify exactly what is required
with the buffer and lights and all the other issues, it creates problems going forward.
Ms. Sessions recommended, if this request is approved, the Navon’s be considerate of
the adjoining residents. Ms. Doyle asked Mr. Hughes if Mayor and Council put any kind
of restrictions on hours of operation. Mr. Hughes responded, Mayor and Council have
placed restrictions on at least one business which related to hours of entertainment.
Mr. Parks then added the restriction of no amplified music. Ms. Doyle accepted that
with her second. Mr. Parks recommended the buffer be a combination of fence and
vegetative. Mayor Buelterman reopened the Public Hearing. Mr. Poticny approached
Mayor and Council to address the fence to the rear of the property. This will assist in
sound deflection. He stated the fence on the second floor will be 6’. Mr. Parks
responded the Code requires 8’. Mr. Poticny confirmed. Keith Gay approached Mayor
and Council to speak on buffers as it is critical. Mayor Buelterman thanked Mr. Gay.
Mark Reed approached Mayor and Council. He asked for a detail buffer to be included
in the motion. He also asked that it be sent back to the Planning Commission for their
recommendation. Mayor Buelterman closed the public hearing. He then asked Mr.
Parks to restate his motion. Monty Parks made a motion to approve the site plan as
presented with the addition of (1) a non-specified buffer to be worked with the City
Attorney and Mr. Shaw, on the north and west side on the first floor; (2) on the west
side on the 2nd floor; (3) provision for no amplified music on the second floor; and (4)
lighting not escape the boundary of the property. Wanda Doyle seconded. Voting in
favor were Monty Parks, Wanda Doyle and Barry Brown. Voting against was Shirley
Sessions. Motion to approved, 3-1.
Zoning Variance: Consideration to cover existing deck that is in setback – 23
Atlantic Avenue – Zone C-1(C) – 4-0008-03-012 – Robert Glisson. George
Shaw approached Mayor and Council. Mr. Shaw stated Mr. Glisson has a building on
Atlantic Avenue and the rear of the building does not meet the set-back requirements
as it was approved several years ago. Mr. Glisson added to a non-conforming structure
which went into the set-back. Staff recommended denial as well as Planning
Commission voting 4-3 to deny. Ms. Doyle asked when the deck was constructed a nd
was a permit pulled. Mr. Shaw stated Mr. Glisson would have to address that but a
permit was not pulled for the addition of the roof. Ms. Doyle asked Mr. Hughes if there
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is an ordinance addressing after-the-fact variances. Mr. Hughes confirmed there is an
ordinance referring to Sec 5-090(f). He continued, granting a variance does not excuse
the violation which in this case, building without a permit. Mr. Branigin asked if the
roof is not extending any further than the existing deck in any director. Mr. Shaw
stated no. Robert Glisson approached Mayor and Council requesting a cover on 23
Atlantic Avenue. He gave a history of the building of the steps, picket fence and roof.
He confirmed he did not get a permit for the roof and asked Mayor and Council to
approve his request. Ms. Sessions complimented Mr. Glisson for his presentation.
John Branigin made a motion to approve. Wanda Doyle seconded. Voting in favor
were John Branigin and Wanda Doyle. Voting against were Monty Parks and Shirley
Sessions. There being a tie, Jason Buelterman voting in the affirmative. Motion to
approve, 3-2.
Site Plan Approval: consideration of new building for pool restrooms -19
Silver Ave. -Zone C-1 -4-0008-06-015 -Walt Freeman. George Shaw
approached Mayor and Council. Mr. Shaw stated Mr. Freeman purchased the pool on
Silver Avenue and was last owned and used for guests of the Carbo House. When the
pool was purchased it was in horrible condition and has since been updated. He is now
asking for consideration to add a bathroom building. The site plan is a vast
improvement from what was there and Staff and Planning Commis sion are
recommending approval unanimously. Shirley Sessions made a motion to approve.
Wanda Doyle seconded. Vote was unanimous to approve, 4-0.
Map & Text Amendment: consideration of zoning use change from RT To C -2
-Lot 68B Lewis Ave. –Zone RT -4-0003-06-002B -Julie A. Livingston. Mr.
Hughes stated it is his understanding this request has been withdrawn due to Ms.
Livingston not feeling well. WILL BE HEARD AT A FUTURE DATE.
Consideration of Bids, Contracts, Agreements and Expenditures
Agreement between COTI and LKS for a design guidelines manual per the
approved and awarded Historic Preservation Fund Grant FY 2018. John
Branigin stated this is truly a pamphlet of guidelines. Mr. Shaw stated this is at no
cost to the City as a grant was received. Monty Parks made a motion to approve.
Shirley Sessions seconded. Vote was unanimous to approve, 4-0.
Alan Robertson approached Mayor and Council to give an update on the Dune
Remediation Project. Mr. Robertson stated this is Phase I of the Dune Remediation
Program which is building dunes between Tybrisa and 19th Street for which the City has
a DNR permit. The dune was built at 19th Street as a part of this project. The low bid
for the project is $942,000 which was submitted by TIC. This is lower than the
estimated budget. It is his recommendation to award the bid and move into a contract.
Construction could start around January 22, 2019 and it is estimated to last between 30
and 45 days. He then explained the timeline where crossovers will be taken down and
rebuilt as the dunes are constructed. The project encompasses a 20,000 cubic yard
project which is the largest project anyone has done on the coast of Georgia short of a
beach re-nourishment. Mr. Robertson stated the City has applied to the DNR for
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permits to start on Phase II which are the four at grade crossovers: Center Street, 3 rd
Street, 2nd Street and Gullick. These are the access points that have no dunes. 3rd has
been chosen as the vehicular crossover and will look like 19 th Street. Mr. Robertson will
be at the March 14th City Council meeting with a bid and looking for recommendations
moving forward. Work is expected to begin on the week of March 25th and completed
within two weeks. He continued, Phase III, the weakest part of the Island from Center
Street to East Gate, we are working closely with the Corps of Engineers. In this area
dunes are not growing and fencing is not working. There will be a series of public
information meetings the first being Monday, January 14, 2019. Mr. Robertson
explained the estimated budget for dunes. It is estimated $1.2M for Phase I and the
bids came in at $940,000; $870,000 for landscaping and that is on target; $800,000 for
the center and it is estimated it will come in at $200,000 whi ch means there will be
funds available to build additional dunes. He believes the Corps of Engineers will re -
nourish between November 2019 and April 2020. Ms. Sessions asked Mr . Robertson if
the Tybee Critz Run will be affected by the work on the south-end. He responded he
does not feel it will be. Ms. Sessions then asked Dr. Gillen if he has reached out to the
organizers of the Critz Run if they have been notified of the construction. Dr. Gillen
responded in the affirmative. Chantel Morton approached Mayor and Council. Ms.
Morton stated the organizers were told the work on the beach was to take place after
their event. She further explained there will be a meeting to update the organizers of
the work on the south beach area. Monty Parks made a motion to approve the
Contract to be awarded to the lowest responsive and responsible bidder. John
Branigin seconded. Vote was unanimous to approve, 4-0.
Enterprise Leasing Agreement. Dr. Gillen approached Mayor and Council. He
distributed the proposal from Enterprise Leasing which include the full equipment
pricing, $126,000 per year for the life of the lease. Other leasing companies were
contacted and none were found which could provide the equipment as needed. He is
requesting one of two options: (1) Lease all vehicles and bring back a budget
amendment or (2) move forward with just the squad cars, 11 vehicles, and come back
with a budget amendment and lease the remaining in February. Mayor Buelterman
asked Dr. Gillen what he recommended. Ms. Doyle stated it is the recommendation of
the Public Safety Committee to move forward with the squad cars. Wanda Doyle
made a motion to approve moving forward on the 11 vehicles and come back with
budget amendment to purchase remaining. Monty Parks seconded. Vote was
unanimous to approve, 4-0.
Consideration of Ordinances, Resolutions
2019-01, Second Reading, Section 4-050 Zoning Districts (O), South-end
Business Overlay District. Shirley Sessions made a motion to approve. Wanda
Doyle seconded. Discussion: Mr. Parks stated he is not happy with the ordinance as
written due to the 50% demolition as it is too lenient. Vote was unanimous to
approve, 4-0.
Monty Parks made a motion to adjourn. John Branigin seconded. Vote was
unanimous, 4-0.
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Meeting adjourned at 9:45PM.
____________________________ _________________________
Janet R. LeViner, CMC Jason Buelterman, Mayor
City Clerk
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
2. Special City Council Meeting Minutes, January 16, 2019
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City Council Minutes, January 16, 2019
Mayor Buelterman called the Special City Council meeting to order on January 16, 2019.
Those present were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle, Barry
Brown and Shirley Sessions. Also in attendance were Edward Hughes, City Attorney;
Shawn Gillen, City Manager; and Janet LeViner, Clerk of Council.
Julie Livingston made a motion to adjourn to executive session to discuss personnel.
Wanda Doyle seconded. Vote was unanimous, 6-0.
Wanda Doyle made a motion to adjourn to regular session. Shirley Sessions
seconded. Vote was unanimous, 6-0.
Wanda Doyle made a motion to adjourn. Monty Parks seconded. Vote was
unanimous, 6-0.
Meeting adjourned at 6:00PM
____________________________ _________________________
Janet R. LeViner, CMC Jason Buelterman, Mayor
City Clerk
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
3. Special City Council Meeting Minutes, January 23, 2019
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City Council Minutes, January 23, 2019
Consideration of Items for Consent Agenda
Mayor pro tem Brown called the Special Meeting to order at 3:30PM on January 23,
2019. Those present were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle,
and Shirley Sessions. Shawn Gillen, City Manager and Janet LeViner, Clerk of Council.
Consideration of Bids, Contracts, Agreements and Expenditures
Special Inspection – Goodwyn, Mills and Cawood, Inc. Wanda Doyle made a motion to
approve. Monty Parks seconded. Vote was unanimous to approve.
Meeting adjourned at 3:45PM.
____________________________ _________________________
Janet R. LeViner, CMC Barry Brown, Mayor pro tem
City Clerk
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
5. TEXT AMENDMENT: SEC. 2-010 TERMS & DEFINITIONS - TEXT CHANGES
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MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
John Branigin
Wanda Doyle
Julie Livingston
Monty Parks
Shirley Sessions
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: 2/14/2019
Item: Text Amendment
Explanation: Sec. 2-010 Terms & Definitions. – Text changes.
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: 02/07/2019
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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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
6. ZONING VARIANCE: CONSIDERATION OF SETBACK ENCROACHMENT- 701 BUTLER
AVENUE- ZONE R-2- 4-0005-19-009- LYNN MOODY
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MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
John Branigin
Wanda Doyle
Julie Livingston
Monty Parks
Shirley Sessions
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: 2/14/2019
Item: Zoning Variance
Explanation: consideration of setback encroachment – 701 Butler Avenue – Zone R-2 - 4-0005-19-009 – Lynn
Moody
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: 02/07/2019
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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1
STAFF REPORT
PLANNING COMMISSION MEETING: December 17, 2018
CITY COUNCIL MEETING: January 10, 2019
LOCATION: 701 Butler Ave. PIN: 4-0005-19-009
APPLICANT: Lynn Moody OWNER: Lynn Moody
EXISTING USE: Single family dwelling PROPOSED USE: Single family dwelling
ZONING: R-2 USE PERMITTED BY RIGHT: Yes
COMMUNITY CHARACTER MAP: Inland Cottage Neighborhood
APPLICATION: Zoning Variance (5-090) from Section 3-090 Schedule of development regulations.
PROPOSAL: The applicant is requesting setback variance to add a front porch extension 5.3’ into the front yard
setback and move the existing stairs so they extend over 6’ into the side yard setback.
ANALYSIS: The applicant is requesting to add more porch outdoor living space.
Variance standards require that the applicant meet the following conditions:
(1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including
irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other
physical conditions, or considerations related to the environment or the safety, or to historical significance,
that is peculiar to the particular property; and,
(2) That because of such physical circumstances or conditions, the property cannot be developed in strict
conformity with the provisions of this Land Development Code, without undue hardship to the property.
(3) A nonconforming use or structure does not constitute a unique physical circumstance, condition, or
consideration.
This variance does not meet the above criteria. The applicant would like more outdoor living space but as the
property is already developed there is no hardship. The applicant can create outdoor living space on the ground in
the setback but the vertical construction is not allowed. Additionally moving the stairs to the side yard would put
the stairs significantly closer to the property line than it is currently.
The Comprehensive Plan describes the Inland Cottage Neighborhood as follows:
This character area describes the traditional neighborhood along the west side of Butler, which contains
narrow, tree-lined streets laid out in a grid pattern. The area is varied in land use as it contains
permanent residential properties, multi-family homes, rental properties, parks, low-impact commercial
establishments, and public buildings.
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2
Comprehensive Plan – Community Character Area
The Inland Cottage Neighborhood Sec. 1.2.6
Recommended Development Strategies
Meets
Strategy
Y/N or N/A
1. New development, redevelopment, and restoration should be consistent with the existing
character of the area in terms of mass, scale, use and density
N
2. Permit only compatible uses including low density residential, public/institutional, and low
impact commercial
Y
3. Develop and implement design and architectural standards N/A
4. Implement streetscape improvement to improve the pedestrian/bicycle environment and
encourage safety and mobility
N/A
5. Historic structures in this area should be restored and/or preserved whenever possible N
6. The City should provide appropriate incentives for historic restoration projects N/A
7.
STAFF FINDING
This application does not meet the defined criteria for a variance. There is clearly no hardship as the lot is fully
developed and usable without additional porch area. Additional outdoor living space can be added at ground level
or perhaps they could build up. Staff recommends denial of the petition.
This Staff Report was prepared by George Shaw.
ATTACHMENTS
A. Variance application (5 pages)
B. Survey (1 page)
C. Site Plan (1 page)
D. SAGIS map (1 page)
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
7. PLANNING COMMISSION MINUTES FOR DECEMBER 17, 2019
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR
Tina Gann George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting
MINUTES
December 17, 2018
Chair Bishop called the December 17, 2018, Tybee Island Planning Commission meeting to order.
Commissioners present were Tina Gann, Marianne Bramble, Alan Robertson, David McNaughton,
Ron Bossick and Charles Matlock.
Consideration of Minutes:
Chair Bishop asked for consideration of the November 19, 2018, meeting minutes. Alan Robertson made a
motion to approve with changes he addressed with planning staff. Vice Chair Ron Bossick seconded. The
vote to approve was unanimous without Charles Matlock’s vote; he was not present at the November 19
meeting.
Disclosures/Recusals:
Chair Bishop asked if there were any disclosures or recusals. David McNaughton asked to recuse
himself from agenda item five, the Map & Text Amendment for 68B Lewis Avenue, and asked to leave the
commission to address this application from the floor as an interested party.
Old Business:
Chair Bishop asked if there was any old business. There was none.
New Business:
Minor Subdivision: separating one lot to make two single-family lots - 1809 Chatham Avenue –
Zone R-2 - 4-0009-13-009 – Kelley B. Parker.
George Shaw stated this area was actually two lots before, one smaller and one larger and now they are moving
the lot line to make two conforming lots. This does meet the requirements of the Land Development code and
both lots have access and drainage. Staff recommends approval. David McNaughton asked why the dunes were
not marked on the minor subdivision map. George Shaw stated that is not required on a survey to be recorded at
the courthouse. Ron Bossick asked if the city engineer looked at storm water capacity of where they are tying in.
George Shaw stated the city put a pipe in recently to help with water flow, but the City could not get a big
enough one in that area. The owners of this property will be putting in some tide flaps so the water does not go on
the property from the pipe. The pipe may not be suitable for all of the properties along Chatham to drain into,
especially at high tide. Demery Bishop stated the standing water on that property is a concern. George Shaw
stated the applicant’s drainage plan would help the property drain. The residents at 1811 Chatham Avenue have
the right to tie into that pipe; they have not yet done so. Frank Kelly, who lives at 1706 Inlet Avenue, Tybee
Island, approached the Planning Commission and stated there is definitely a water issue at Alley 3 located beside
this property. The water always sits there. He stated he thinks it is a wetland because the water looks blue, which
is a sign of a swamp or wetlands. In addition, he is concerned the water would come toward Inlet Avenue if they
drain that water off that area. David McNaughton made a motion to approve with the condition to determine
whether there are wetlands on the property. Alan Robertson seconded. The vote to approve was unanimous.
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Zoning Variance: consideration of setback encroachment - 701 Butler Avenue – Zone R - 2-4-
0005-19-009 – Lynn Moody.
George Shaw stated this applicant would like to add an addition to the existing front porch. The porch currently
is not in the setback, it is a little over twenty-four feet from property line. They would like to encroach into the
front setback about five feet and the side setback with a new set of stairs as much as seven feet. Staff
recommends denial. Vice Chair Ron Bossick stated in Sec.3-050 – “Obstruction to visions at street
intersections” Was that measurement done for this application? George Shaw stated he has not looked at that
and certainly would if this is approved, before construction. Lynn Moody, who lives at 701 Butler Avenue,
Tybee Island, approached the Planning Commission and stated he would like to expand the porch 220 square
feet to accommodate his expanding family, who all love to sit on the porch at the same time. Marianne
Bramble asked if the steps were encroaching when he purchased the property. Lynn Moody stated yes, “we
purchased the house in 2010. In addition, we did some construction to it at that time. He stated during that time
the city asked him to cut the steps back three feet, which he did.” Alan Robertson stated there have been more
and more variance requests in the past couple of years and he would like to remind the commission about the
risk of waking up one day and the density on the Island will be exhausted. Alan Robertson made a motion to
deny. David McNaughton seconded. The vote to deny was unanimous.
Zoning Variance: consideration to cover existing deck that is in setback – 23 Atlantic Avenue –
Zone C-1(C) – 4-0008-03-012 – Robert Glisson.
George Shaw stated this property has a second floor porch that extends well into the setback and has been
there a long time. Additional construction is not allowed by code. The roof was added without a building
permit. When it was discovered, the owner was told it was not allowed and had to seek a variance to keep the
roof. Staff recommends denial. Robert Glisson, who lives at 23 Atlantic Avenue, Tybee Island, approached
the Planning Commission and stated he has been on Tybee since 1956 and has built several places on Tybee
by code. He stated he built the house at 23 Atlantic Avenue the same time he put in the amusement park on
Tybrisa and used it to store the rides, then later his help needed to stay there. He stated a few weeks ago, he
had a crew painting the building and it was so hot he decided to have them go ahead and put a roof over the
porch for shade. Then he had a courtesy inspection by the county inspector and was told how to build the
roof the right way. He went the next day to get the permit and that is when Planning and Zoning told him he
could not build the roof because it was in the setback and needed to ask for a variance. Charles Matlock
made a motion to deny. Alan Robertson seconded. Voting in favor were Alan Robertson, Vice Chair Ron
Bossick and Charles Matlock. Voting against were David McNaughton, Tina Gnann and Marianne
Bramble. Motion tied 3-3. Chair Demery Bishop voted for the motion. Motion to deny carried 4 to 3.
Site Plan approval: consideration of a new restaurant – 1601 Inlet Avenue – Zone C-I/SE – 4-
0008-17-003 – Joshua Navon.
George Shaw stated the applicant would like to take the old Post Office building and turn it into a restaurant.
The biggest concern is the parking. The code allows for a structure less than 2,000 square feet to not have to add
parking if they are within 1,000 feet of public parking in the C-1 district. He stated when he measured it was
slightly over 2,000 but the applicant informed him that the interior useable space of the building is just less than
2,000 square feet. Technically, with that measurement they meet that requirement for not having to have parking.
There are a couple spaces in the front of the building. The back is mainly a loading/unloading area. The applicant
plans to put decking in the back area. Staff does not recommend approval. Vice Chair Ron Bossick asked if the
loading dock was included in that square footage, because the way the code reads it should be included. In
addition, with that area the building would be over the 2,000 square feet. George Shaw stated he did not include
that area and now thinks it should have been included in the square footage and he will check on that again. Vice
Chair Ron Bossick stated the proposed site plan shows decking completely in the back area. Where will the
loading and unloading take place and where will they place the dumpsters? Keith Gay of Tybee Beach Vacation
rentals approached the Planning Commission and stated he was here on behalf of Mr. and Mrs. Gosner of 1603
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Lovell Avenue across the street and Mr. and Mrs. Pomeroy who live at 1601 Lovell Avenue on the north side of
1601 inlet Avenue. The concerns these neighbors have is the noise and traffic that this new business will
contribute to that space. Mark Reed, who lives at 1515 Lovell Avenue Tybee Island, approached the Planning
Commission and stated he lives catty-corner to 1601 Lovell Avenue and he wanted to address some things for
the Planning Commission to consider. They are noise, trash and water. He stated there is already a noise problem
in that area from the other restaurants, this will add more. The trash that falls out of the dumpsters from the other
restaurants blows down the street and sits there. In addition, the drainage from the cleaning supplies gunk from
the deck will be draining to the street and ocean. Joshua Navon who lives at 6 White Oak Lane, Tybee Island,
approached the Planning Commission and stated that according to his engineer and architect the building is
under the square footage that is allowed to not require parking. He also stated this would be a family seafood
restaurant, not a nightclub. His wife will be the chef for the restaurant. Tina Gann asked how he would make the
neighbors happy. Joshua Navon stated he would do whatever is needed to keep the neighbors happy. Vice
Chair Ron Bossick stated there are too many inconsistencies in the square footage for this building. Alan
Robertson made a motion to deny. Tina Gann seconded. Voting in favor were Alan Robertson, Tina Gann,
Vice Chair Ron Bossick, Marianne Bramble and Charles Matlock. Voting against was David McNaughton.
Motion to deny carried 5 to 1.
Map Amendment & Text Amendment: consideration of zoning use change from RT to C-2 – Lot
68B Lewis Avenue – Zone RT – 4-0003-06-002B – Julie A. Livingston.
George Shaw stated that the applicant would like to change the zoning on this lot that is the third lot down
Lewis Avenue from Highway 80. The first two lots are already C-2 and this third lot which is lot 68B is zoned
R-T. He stated he could not find any record of why it was zoned R-T. For consistency sake staff recommends
approval. Steve Knutson, who lives at 116 Lewis Avenue, approached the Planning Commission and stated the
two lots in front of the lot in question are about 341 feet down Lewis Avenue into the neighborhood from
Highway 80. There are four houses directly across from this property that will be impacted by this change as
well as others. There has been talk that a miniature golf might be going in this spot. He is very concerned about
noise and what might go in that area if the mini golf does not do well. David McNaughton who lives at 144
Lewis Avenue, Tybee Island, approached the Planning Commission and stated that the staff report suggests that
R-T is an inappropriate zoning for this lot and C-2 would be more appropriate. He stated that seventeen years
ago residents of Lewis Avenue petitioned the city to rezone the street from R-2 to R-1-B to preserve the lower
density of Lewis Avenue. Then there was a Council meeting on April 13 of 2000, with the owner of lot 68A &
lot 68B asking Council to rezone both lots from R-2 to C-2. At that meeting, there was an objection that it would
push the commercial into Lewis Avenue more than 300 feet. The result of that was to rezone 68A to C-2 and
68B to R-T. Tybee code describes R-T as “a district where tourist and residence can mix, but primarily
residential.” In addition, the C-2 designation states “intended for location along arterial streets where the
negative impacts of traffic congestion, noise, intrusions into residential neighborhoods will be minimized.” The
definition for arterial streets reads “those used or intended primarily for fast or heavy traffic.” Right now
Highway 80’s speed limit is 35 and Lewis Avenue’s speed limit is 20. That means Lewis Avenue is not an
arterial street and not worthy of C-2 zoning. He asked the Planning Commission to recommend City Council
deny the re-zoning request. Dee McCoy Hunter, who owns 161 Lewis Avenue Tybee Island, approached the
Planning Commission and asked that the Planning Commission deny the map amendment. She stated the
commercial development would bring higher density traffic to an already very narrow street that is very
residential. Fran Galloway, who lives at 153 Lewis Avenue, Tybee Island, approached the Planning
Commission and stated this rezoning would be more devastating to our homes and neighborhood than the
disasters Lewis Avenue has already been through. Janice Insley, who lives at 168 Lewis Avenue, Tybee Island,
approached the Planning Commission and stated that she bought her home in 1992 and at that time, it was full
time residences and families. She stated this would change the character of the neighborhood and most of the
residents do not want any kind of business on that street. Sherry Simmons, who lives at 1311 Sixth Avenue,
Tybee Island, approached the Planning Commission and stated she is here to represent a friend, Colleen Bozard,
who lives at 139 Lewis Avenue, Tybee Island. She stated they bought their home on Lewis Avenue for the
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strong neighborhood feeling and they are very concerned that any kind of business on Lewis Avenue will
threaten that small community. In addition, the street is very narrow. Thomas Lee Jr., who lives at 7 Naylor
Avenue, Tybee Island, approached the Planning Commission and stated he is speaking on behalf of his parents,
Thomas & Sybil Lee, who own 105 Lewis Avenue, Tybee Island, that is across from lot 68B and they are
planning to build a new home there soon. They strongly oppose this rezoning. Chair Demery Bishop read a
letter that was sent to him from Mr. & Mrs. Lee opposing the rezoning. He also read a letter from Celeste Crane
indicating that she owns the house at 107 Lewis Avenue Tybee Island. She stated she is very opposed to the
rezoning. Angie Hill, who lives at 55 Deerwood Road, Wilmington Island, and Beau Livingston, who lives at
801 First Street Tybee Island, approached the Planning Commission and stated they are representing the
applicants and they stated the business they want to put on this property is a family style venue. They stated lot
68B would be used for parking, family picnic area and buffers. In addition, all of the concerns from the
community can be addressed on the site plan later if this is approved. Deborah Harrell, who lives at 133A
Lewis Avenue, Tybee Island, approached the Planning Commission and stated Lewis Avenue cannot handle any
more traffic. Fidelia Fowler, who lives at 7B Village Place, Tybee Island, approached the Planning Commission
and stated she thinks this is a bad idea for that area because of how much encroachment there is into the
residential area. Vice Chair Ron Bossick made a motion to deny. Tina Gann seconded. Voting in favor were
Alan Robertson, Tina Gann, Vice Chair Ron Bossick and Charles Matlock. Voting against was Marianne
Bramble. Motion to deny carried 4 to 1. David McNaughton recused himself, so he did not vote.
Site Plan approval: consideration of new building for pool restrooms – 19 Silver Avenue – Zone
C-1 – 4-0008-06-015 – Walt Freeman.
George Shaw approached the Planning Commission and stated this applicant is trying to update this property and
would like to use this pool for his vacation rental guests. He would like to add greenspace to reduce runoff on the
three sides and a new building for restrooms. Staff recommends approval. Alan Robertson asked if the building
that was in the setback is going to be moved back. George Shaw stated that building was removed and the
applicant would like to put a new building in the same area. Alan Robertson also asked if the drainage would be
sufficient. George Shaw stated yes, the city engineer states that in his letter. Vice Chair Ron Bossick asked how
the pool designation (private pool) was arrived. George Shaw stated he used that because it is not a public pool
for everyone. Marianne Bramble stated this applicant came to us a couple months ago with ideas but no plan
and now he is back with a plan. He did as we requested and it looks like a good plan. Sondra Perry, who lives at
17 Silver Avenue, Tybee Island, approached the Planning Commission and stated that she is very excited about
this pool and this new owner. The owner before did not take care of the property. Walt Freeman and Summer
Roberson, who live at 129 Lewis Avenue, approached the Planning Commission. Summer Roberson stated they
are seeking approval for the reconstruction and repairs at 19 Silver Avenue. Vice Chair Ron Bossick asked if
they have been in contact with Chatham County about the pool requirements. Walt Freeman stated he has been
in touch with Chatham County and the Health Department on what he needs to do through them. Keith Gay of
Tybee Beach Vacation Rentals approached the Planning Commission and stated that he is all for this renovation
and it would really improve the area. Alan Robertson made a motion to approve. Charles Matlock seconded.
The vote to approve was unanimous.
Adjournment: Vice Chair Ron Bossick. Marianne Bramble seconded. Meeting adjourned at 10:30pm.
Lisa L. Schaaf
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
8. PLANNING COMMISSION MINUTES FOR JANUARY 14, 2019
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR
Tina Gann George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting
MINUTES
January 14, 2019
Chair Bishop called the January 14, 2019, Tybee Island Planning Commission meeting to order. Commissioners
present were Marianne Bramble, Alan Robertson, Ron Bossick and Charles Matlock.
Consideration of Minutes:
Chair Bishop asked for consideration of the December 17, 2018, meeting minutes. Alan Robertson made a
motion to approve. Vice Chair Ron 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:
Chair Bishop asked to read into the record a letter from Demery Bishop and the other members of the
Planning Commission to Alan Robertson, Charles Matlock and David McNaughton. “I would feel
remiss as Chair of our Planning Commission if I did not take a moment to express to you my sincere
appreciation for the countless hours each of you have devoted of your personal time to Planning
Commission agenda items over the past two years. I truly believe that, as a volunteer body, we have
coalesced into a caring, dedicated and professional entity by representing the citizens of Tybee Island
and placing their welfare and wellbeing first and foremost. It is a distinct pleasure to serve with each
of you and the other members of this commission, Maryann, Ron and Tina, and I thank each of you for
the same.”
Text Amendment: Sec. 2-010 Terms & Definitions – Text changes.
George Shaw approached the Planning Commission and stated the way this ordinance reads right now
could be interpreted as allowing elevators to open above the thirty-five foot height limit. He stated this
is a rough draft to change the wording to make it very clear that if it is necessary to have mechanicals
or elevator shaft extending above the thirty-five feet but not to allow the elevator open to the roof. Vice
Chair Ron Bossick stated the wording does not clarify what we need to interpret. George Shaw stated
passenger ingress and egress could be added if that clarifies it better. Alan Robertson made a motion to
include the wording “The portion of an elevator shaft necessary for the operation of an elevator may
extend above thirty-five feet but no passenger ingress or egress elevator doors may open above thirty-
five feet.” Charles Matlock seconded. The vote to approve was unanimous.
Adjournment: Vice Chair Ron Bossick. Marianne Bramble seconded. Meeting adjourned at 7:30pm.
Lisa L. Schaaf
- Page 57 -
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
9. The purpose of this agenda item is seek the City Council’s approval to amendment the
General Fund fiscal year 2018-2019 operating and capital budget by increasing the
budget by $207,273 from $13,761,695 to $13,968,968.
- Page 58 -
MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown Mayor Pro Tem
Wanda Doyle
Julie Livingston
Jackson Butler
Monty Parks
John Branigin CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
City Council Agenda Item Request
Council Meeting Date for Request: February 14, 2019
Item: The purpose of this agenda item is seek the City Council’s approval to amendment the General Fund fiscal year 2018-
2019 operating and capital budget by increasing the budget by $207,273 from $13,761,695 to $13,968,968.
Explanation: The purpose of this agenda item is seek the City Council’s approval to amend the General Fund’s fiscal year
2018-2019 operating and capital budget by an increase of $207,273 from $13,761,695 to $13,968,968 in order to cover the
cost of numerous new expenditures.
Budget Line Item Number (if applicable):
A detail of the General Fund’s budget changes by department is shown in the Attachment A, schedule included with this
agenda item.
REVENUES
The summary of the changes in the Revenue Budget’s line items are explained below:
Revenue Category Current Budget
02-14-2019
Budget
Amendment
02-14-2019
Amended Budget
Taxes 4,264,612.00$ 28,090.00$ 4,292,702.00$
License and permits 361,000.00$ 15,472.00$ 376,472.00$
Intergovernmental 309,976.00$ (2,000.00)$ 307,976.00$
Charges for Services 3,420,100.00$ 101,180.00$ 3,521,280.00$
Fines and forfeitures 1,017,296.00$ (17,533.00)$ 999,763.00$
Investment Income 40,000.00$ 50,000.00$ 90,000.00$
Contributions and donations -$ -$
Miscellaneous 137,200.00$ 712.00$ 137,912.00$
Other Financing Sources 4,211,511.00$ 31,352.00$ 4,242,863.00$
TOTAL REVENUES 13,761,695.00$ 207,273.00$ 13,968,968.00$
GENERAL FUND REVENUE BY CATEGORY
• Increased the Insurance Premium Tax line item (100.00.31.6200) by $27,950 from $186,000 to $213,950 based on
the actual money collected;
• Increased the Interest Income Revenue line item (100.00.36.1100) by $50,000, from $40,000 to $90,000;
• Re-allocated $200,000 from Parking Pay/Display Revenue line item (100.00.34.5418) to Parking Passport Revenue
line item (100.00.34.5421) in order to track the money collected from the mobile device separately from the money
collected directly using the pay & display machines;
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2 | Page
• Increased the Parking Pay/Display line item (100.00.34.5418) by $100,000 from $2,800,000 to $2,900,000 based on
the City Manager’s and Parking Services Divisions projected revenue collections when the City implements the
“Surged Pricing” for the weekend of Memorial Day, and each weekend in the month of June, 2019. The money will
be used to help pay for French Barricades.
• Decreased the Information Technology Fee line item (100.00.35.1172) by ($17,533) from $74,596 to $57,063 due to
the City’s discontinuance collection of this fee;
• Increased the Penalty for Short-term Registration line item (100.00.32.4310) by $11,000 from $2,000 to $13,000; and
• Increased the Transfer in from Hotel-Motel Excise Taxes line item (100.00.39.1200) by $31,000 from $1,611,313 to
$1,642,313.
EXPENDITURES
The summary of the changes in the Expenditure Budget’s line items are explained below:
01-10-2019
Amended
Current Budget
02-14-2019
Budget
Amendment
02-14-2019
Amended
Budget Department Department Name
113,155$ -$ 113,155$ 100.1130 Clerk of Council
560,085$ -$ 560,085$ 100.1320 City Manager
141,915$ -$ 141,915$ 100.1510 Finance Director
364,406$ -$ 364,406$ 100.1512 Finance Accounting Division
35,520$ -$ 35,520$ 100.1517 Finance Accounts Payable Division
53,590$ -$ 53,590$ 100.1519 Finance Payroll Division
656,117$ 30,000$ 686,117$ 100.1535 Information Technology
132,060$ -$ 132,060$ 100.1540 Human Resources
756,656$ -$ 756,656$ 100.1565 Building Maintence
306,368$ -$ 306,368$ 100.2650 Municipal Court
2,529,622$ 22,467$ 2,552,089$ 100.3210 Police Adminstration
333,233$ -$ 333,233$ 100.3215 Police Beach Patrol
877,020$ 3,806$ 880,826$ 100.3510 Fire Department
1,832,505$ 150,000$ 1,982,505$ 100.4210 Public Works
249,814$ -$ 249,814$ 100.6210 Parks Administration
717,630$ -$ 717,630$ 100.7220 Community Development & Planning
121,973$ -$ 121,973$ 100.7300 Mainstreet Division
512,572$ -$ 512,572$ 100.7564 Parking Services
70,382$ (30,000)$ 40,382$ 100.9000.57 Other Costs (Contingencies)
89,582$ -$ 89,582$ 100.3920 Emergency Management
571,992$ -$ 571,992$ 100.9000.61.Other Financing Uses
353,620$ -$ 353,620$ 100.4250 Storm Drainage
20,000$ -$ 20,000$ 100.7550 Downtown Development
90,000$ -$ 90,000$ 100.4520 Solid Waste
48,750$ -$ 48,750$ 100.7520 South Business District
463,200$ 31,000$ 494,200$ 100.6230 Parkways & Boulevards
65,700$ -$ 65,700$ 100.6222 Concession Stand
370,212$ -$ 370,212$ 100.6172 Museums
120,000$ -$ 120,000$ 100.6125 Beach Related
349,943$ -$ 349,943$ 100.6124 Lifeguards
168,950$ -$ 168,950$ 100.6122 YMCA
225,775$ -$ 225,775$ 100.6110 Cultural & Recreation
247,000$ -$ 247,000$ 100.1530 Legal
212,348$ -$ 212,348$ 100.1110 Mayor & Council
13,761,695$ 207,273$ 13,968,968$ Grand Total General Fund
GENERAL FUND DEPARTMENT EXPENDITURE BUDGET
• Increased the Police Departments Small Equipment – Tech Fees line item (100.3210.53.1620) by $9,063 from
- Page 60 -
3 | Page
$48,000 to $57,063 in order to match actual money collected in the off-setting Technology Fee revenue account;
• Established a budget in the Police Department of $13,403 for a Contract Services – Leases line item
(100.3210.52.1316) to cover the cost of managing the AT&T camera monitoring system;
• Increased the Public Works Administration Department’s Machinery & Equipment capital line item,
(100.4210.54.2100) by $150,000, from $156,131 to $306,131 in order to budget for the purchase of French
Barricades. The money to pay for the barricades will come from the projected $100,000 extra money from “surge
parking revenue” and the $50,000 increase in the interest income revenue line item;
• Increased the Information Technology Department’s Salary line item (100.1535.51.1100) by $30,000 from $136,940
to $166,940 in order to cover the cost to hire and train a new Computer Technician to replace the current Computer
Technician who plans to retire prior to the end of the fiscal year; and
• Decreased the Contingency line item (100.9000.57.9001) by ($30,000) from $30,382 to $382 in order to transfer the
money to the Information Technology Department’s Salary line item (100.1535.51.1100).
Paper Work: ____X_ Attached*
Already Distributed Submitted by: Angela Hudson, Finance Director
Phone / Email: (912) 472-5021/ahudson@cityof tybee.org
February 6, 2019
- Page 61 -
4 | Page
Date given to Clerk of Council
- Page 62 -
ATTACHMENT A
Date Received by Finance:
FINANCE USE ONLY:
Date
Submitted:Packet No.
BA Ref No.
Purpose:
Date Processed:
Adjusted
Department Account Description Account Number Current Budget (Expenditures)Budget Balance Increase Decrease Budget Balance
n/a property taxes mobile home 100.00.31.1320 20.00 (40.88)(20.88)100.00 0.00 79.12
n/a firework taxes 100.00.31.4920 (23.43)(23.43)40.00 16.57
n/a insurance premium tax 100.00.31.6200 186,000.00 (213,949.75)(27,949.75)27,950.00 0.25
n/a zoning variance 100.00.32.3900 500.00 (2,600.00)(2,100.00)2,400.00 300.00
n/a business license penalty 100.00.32.4100 300.00 (337.50)(37.50)40.00 2.50
n/a returned checks 100.00.34.9301 0.00 (32.00)(32.00)32.00 0.00
n/a interest revenue 100.00.36.1000 40,000.00 (73,125.41)(33,125.41)50,000.00 16,874.59
n/a dpw reimbursement 100.00.34.2905 400.00 (1,303.71)(903.71)905.00 1.29
n/a passport parking revenue 100.00.34.5421 0.00 (172,082.51)(172,082.51)200,000.00 27,917.49
n/a parking fees pay/display 100.00.34.5418 3,000,000.00 (1,422,847.42)1,577,152.58 (200,000.00)1,377,152.58
n/a parking fees pay/display 100.00.34.5418 2,800,000.00 (1,422,847.42)1,377,152.58 100,000.00 0.00 1,477,152.58
n/a insurance reimbursement 100.00.38.9100 15,000.00 (15,711.90)(711.90)712.00 0.10
n/a Sale of asserts 100.00.39.2100 52,853.00 (53,203.46)(350.46)352.00 1.54
n/a parking revenue - jaycee park 100.00.34.5419 0.00 (125.00)(125.00)125.00 0.00
n/a vehicle impound 100.00.34.6901 (150.00)(150.00)150.00 0.00
n/a information tech fees 100.00.35.1172 74,596.00 (57,063.00)17,533.00 (17,533.00)0.00
n/a penalty short term registration 100.00.33.4310 2,000.00 0.00 2,000.00 (2,000.00)0.00
n/a penalty short term registration 100.00.32.4310 0.00 (12,905.00)(12,905.00)13,000.00 95.00
n/a Hotel-Motel Transfer In 100.00.39.1200 1,611,313.00 (919,685.90)691,627.10 31,000.00 0.00 722,627.10
SUBTOTAL LINE ITEM REVENUE INCREASES\DECREASES:426,806.00$ (219,533.00)$ 3,622,220.71$
Net Change 207,273.00$
CURRENT BUDGET:13,761,695.00$
AMENDED BUDGET BALANCE 2-14-2019:13,968,968.00$
Police
Department Small Equipment - Tech Fees 100.3210.53.1620 48,000.00 (5,802.66)42,197.34 9,063.00 0.00 51,260.34
Police
Department Contract Services - Leases 100.3210.52.1316 0.00 0.00 0.00 13,404.00 0.00 13,404.00
Public
Works Machinery & Equipment 100.4210.54.2100 156,131.00 156,131.00 150,000.00 0.00 306,131.00
Information
Technology Salaries 100.1535.51.1100 136,940.00 (77,984.57)58,955.43 30,000.00 0.00 88,955.43
Fire
Department Rental - Leased Vehicle Program 100.3510.52.2321 5,000.00 5,000.00 3,806.00 0.00 8,806.00
Non-dept Contingencies 100.9000.57.9001 30,382.00 30,382.00 (30,000.00)382.00
Parkways &
Boulevards
Infrastructure - Median Planting
Project 100.6230.54.1400 260,000.00 (13,235.00)246,765.00 31,000.00 277,765.00
237,273.00$ (30,000.00)$ 746,703.77$
Net Change 207,273.00$
CURRENT BUDGET:13,761,695.00$
AMENDED BUDGET BALANCE 2-14-2019:13,968,968.00$
1.) Signature of Department Director: _____________________________ Date __________________
______________________________
2.) Was the Budget Amendment Request approved by the City Council? YES NO N/A
If yes, please indicate the date approval was given: _____________________________Date:______________________________
Attach Copy of Agenda Item and minutes from the City Council Meeting
3.) Signature of Finance Director: _____________________________ Date: __________________
REVENUE LINE ITEM INCREASES\DECREASES
CITY OF TYBEE ISLAND, GEORGIA
BUDGET LINE ITEM AMENDMENT REQUEST FORM
Department
Submitted By:02/14/2019
Requested
Budget Adjustment
EXPENDITURE LINE ITEM INCREASES\DECREASES
Signature of Finance Employee who Processed the Request:
SUBTOTAL LINE ITEM EXPENDITURE INCREASES\DECREASES:
- Page 63 -
RESOLUTION
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND:
WHEREAS, the City of Tybee Island is an authorized municipality organized and existing
under the laws of the State of Georgia; and
WHEREAS, as a qualified municipality, the City of Tybee Island is entitled to provide certain
services and is required to comply with certain obligations; and
WHEREAS, as part of the accounting and budgeting process, the City of Tybee Island is to
comply with Governmental Accounting Standards, Board Requirements and Statements; and
WHEREAS, the City of Tybee Island is to maintain its accounts in an appropriate manner so as
to comply with auditing requirements and accounting standards and may designate certain funds as
enterprise funds or other funds with different status including general funds, special revenue funds,
capital project funds, debt service funds, permanent funds, etc.; and
WHEREAS, the City of Tybee Island wishes to clarify certain funds and to establish the
authority for the transfer to and from certain funds as may be necessary and appropriate and to restrict
transfers from certain funds.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, in open meeting duly
assembled, as follows:
1. To provide for the raising of revenues and appropriations of funds to support the City of
Tybee Island, Georgia for fiscal year beginning July 1, 2018 and ending June 30, 2019 in order to
provide for the operations of government departments; elected officials, other governmental activities;
and to provide for the level of personnel authorized for the various departments the City of Tybee
Island hereby amends and adopts the Fiscal Year 2018-2019 Revenue and Expenditure Operating and
Capital Budget for the following funds:
General Fund-100 $13,968,968.00
Hotel-Motel Excise Tax Special Revenue fund $ 3,169,000.00
2. Tybee Island has previously designated certain funds for debt service to be specifically
reserved to account for and are restricted to, committed or assigned funds for the expenditure for
principle and interest obligations.
3. There is an established special revenue fund used to account and report the proceeds of
specific revenue sources that are restricted or committed to expenditure for specific purposes other than
debt service or capital projects.
- Page 64 -
4. Capital project funds currently assigned are to include funds set aside by the mayor and
council for greenspace, beach renourishment, and capital projects on the city’s capital improvement
plan as established by the mayor and council.
5. Tybee Island receives Special Purpose Local Option Sales Tax Funds, which are to be
separately maintained and segregated and only used for the expenditures for capital improvement
projects authorized by county-wide referendum, intergovernmental agreement, and the agreed capital
improvement plan of the City.
6. Tybee Island receives hotel/motel tax proceeds which are to be maintained and used as
required by Georgia law and only in accordance therewith.
7. Tybee Island continuously accumulates funds for beach nourishment purposes and,
further, seeks additional funding for beach nourishment projects including from federal sources, state,
county and grant sources to acquire sufficient funds for such projects. All funds received from
whatever source in connection with a beach nourishment project must be accounted for in a completely
transparent manner and consistent with any restrictions imposed by the grantor of such funds. No
transfers from any such restricted funds can be made except upon the express approval of the mayor
and council.
8. There is hereby established a stabilization fund to be used to account for transfers from
other funds when necessary, with all such transfers being reported to the mayor and council if made by
other than the express approval of the mayor and council
9. WHEREAS, The Finance Director has presented for adoption and/or approval the
matters addressed herein.
IT IS SO RESOLVED, this the ____ day of ___________________, 2019.
CITY OF TYBEE ISLAND, GEORGIA
By: ___________________________________
Jason Buelterman, Mayor
ATTEST:
By: ___________________________________
Clerk of Council
Tybee/Resolutions/2018/funds
- Page 65 -
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
10. To request that the City Council approve a budget amendment to the FY2019 Hotel
Motel Excise Tax Special Revenue Fund by increasing the revenue and expenditures by
$62,000 from $3,107,000 to $3,169,000.
- Page 66 -
MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown Mayor Pro Tem
Wanda Doyle
Julie Livingston
Jackson Butler
Monty Parks
John Branigin CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
City Council Agenda Item Request
Council Meeting Date for Request: February 14, 2019
Item: To request that the City Council approve a budget amendment to the FY2019 Hotel Motel Excise Tax Special
Revenue Fund by increasing the revenue and expenditures by $62,000 from $3,107,000 to $3,169,000.
Explanation: The Finance Department’s staff is requesting that the City Council increase the FY2019’s Hotel-Motel Excise
Tax Special Revenue Fund’s budget by $62,000 from $3,107,000 to $3,169,000 in order to transfers an additional $31,000 to
the General Fund to cover new expenditures.
Budget Line Item Number (if applicable): See Detailed Budget Amendment included as Attachment A
Paper Work: ____X_ Attached*
Already Distributed
______ To Be Handed Out at Council Meeting (by Requester)
______ Audio/Video Presentation**
Submitted by: Angela Hudson, Finance Director
Phone / Email: (912) 472-5021/ahudson@cityof tybee.org
Comments: ________________________________________________________________________________
February 14, 2019
Date given to Clerk of Council
- Page 67 -
ATTACHMENT A
Date Received by Finance:
FINANCE USE ONLY:
Date
Submitted:Packet No.
BA Ref No.
Purpose:
Date Processed:
Adjusted
Department Account Description Account Number Current Budget (Expenditures)Budget Balance Increase Decrease Budget Balance
n/a Hotel-motel tax revenue 275.00.31.4100 3,100,000.00 (1,826,463.57)1,273,536.43 54,000.00 1,327,536.43
n/a Late charges 275.00.31.9900 7000 (13,864.42)(6,864.42)8,000.00 1,135.58
n/a 0.00 0.00
n/a 0.00 0.00
n/a 0.00 0.00
SUBTOTAL LINE ITEM REVENUE INCREASES\DECREASES:62,000.00$ -$ 1,328,672.01$
Net Change 62,000.00$
CURRENT BUDGET:3,107,000.00$
AMENDED BUDGET BALANCE 2-14-2019:3,169,000.00$
N/A Hutcheison Island Tax 275.7520.57.2000 515,762.00 (306,623.27)209,138.73 10,292.00 0.00 219,430.73
N/A Chamber of Commerce 275.7520.57.2001 1,037,738.00 (613,062.59)424,675.41 20,708.00 0.00 445,383.41
N/A Transfer to the General Fund 275.7520.61.1000 1,553,500.00 (919,685.90)633,814.10 31,000.00 0.00 664,814.10
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00
62,000.00$ -$ 1,329,628.24$
Net Change 62,000.00$
CURRENT BUDGET:3,107,000.00$
AMENDED BUDGET BALANCE 2-14-2019:3,169,000.00$
1.) Signature of Department Director: _____________________________ Date __________________
______________________________
2.) Was the Budget Amendment Request approved by the City Council? YES NO N/A
If yes, please indicate the date approval was given: _____________________________Date:______________________________
Attach Copy of Agenda Item and minutes from the City Council Meeting
3.) Signature of Finance Director: _____________________________ Date: __________________
EXPENDITURE LINE ITEM INCREASES\DECREASES
SUBTOTAL LINE ITEM EXPENDITURE INCREASES\DECREASES:
Signature of Finance Employee who Processed the Request:
Hotel-Motel Excise Tax Special Revenue Fund Budget increase of $62,000
Requested
Budget Adjustment
REVENUE LINE ITEM INCREASES\DECREASES
CITY OF TYBEE ISLAND, GEORGIA
BUDGET LINE ITEM AMENDMENT REQUEST FORM
Department
Submitted By:02/14/2019
- Page 68 -
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
11. Agreement with the City of Tybee Island for the Highway Median Improvements and
Landscaping Project
- Page 69 -
SECTION
AGREEMENT WITH THE CITY OF TYBEE ISLAND, GA FOR THE
HIGHWAY MEDIAN IMPROVEMENTS AND LANDSCAPING PROJECT
THIS AGREEMENT, made this _____ day of _____________, 2019, by and between the City of Tybee
Island, GA, hereinafter called the “Owner”, and The Greenery, Inc., hereinafter called the “Contractor”.
WITNESSETH:
WHEREAS, the City of Tybee Island, GA, has heretofore solicited proposal s for all material,
work and improvements and for the doing of all things included within the hereinafter specified Highway
Median Improvements and Landscaping Project.
WHEREAS, the City of Tybee Island, GA, did find that the Contractor was the lowest
responsible, responsive and preferred offeror for the hereinafter specified Highway Median
Improvements and Landscaping Project (hereinafter “Project”).
NOW, THEREFORE, for and in consideration of their mutual promises, covenants,
undertakings, and agreements, the parties hereto do hereby agree as follows:
ARTICLE I - WORK TO BE DONE BY CONTRACTOR
Contractor agrees, at his own cost and expense, to do all the work and furnish all the labor,
materials, equipment, and other property necessary to satisfactorily do, construct, install, and complete all
work and improvements for the Highway Median Improvements and Landscaping Project for the City of
Tybee Island, GA (Project), all in full accordance with, and in compliance with and as required by the
hereinafter specified Contract Documents for said Contract, and to do, at his own cost and expense, all
other things required of the Contractor by said Contract Documents for said work.
- Page 70 -
SECTION
ARTICLE II- CONTRACT DOCUMENTS
The Contract Documents herein named include all of the following component parts, all of
which are as fully a part of this Contract as if herein set out verbatim, subject to all stated exclusions,
or, if not attached, as if hereto attached:
1.) Request for Proposal RFP No. 2018 -719
2.) Instructions to Proposers
3.) Contractor’s Proposal
4.) General Conditions of the Contract
5.) Agreement
6.) Technical Requirements
7.) Contract Drawings / Bid Plans – as finalized and issued for construction on January 18, 2019,
landscape plans of median improvements
8.) All Bonds, Insurance Certificates and Insurance Policies mentioned or referred
to in the foregoing documents\
9. Any and all other documents or papers , including all DOT permits, included or referred to in any
of the foregoing documents including all Permits
10.)Any and all Addenda to the foregoing, all of which are on file with the Owner or
at the office of the project engineer, Thomas & Hutton
ARTICLE III- CONTRACT AMOUNT
The Contractor agrees to receive and accept the following unit prices and lump sum prices as full
compensation for furnishing all materials and equipment and for doing all work contemplated and
embraced in this agreement, and for all loss or damage arising out of the nature of the work
aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions
which may arise to be encountered in the prosecution of the work until its acceptance by the Owner, and
for all risks of every description connected with the work, and for well and faithfully completing the whole
and entire work, in the manner and according to and in compliance with the Contract Documents as
directed by the City or its Engineer in accordance with these documents, and for any and all other
things required by the Contract Documents:
See attachments hereto which are incorporated herein.
- Page 71 -
SECTION
ARTICLE IV- SPECIAL CONDITIONS
Owner agrees that Contractor will perform watering and maintenance to the project for thirty (30)
days after substantial completion and Owner’s acceptance is deferred for a thirty (30) day period following
substantial completion; however, Contractor agrees that acceptance will be in two parts as identified in the
irrigation plans as System A and System B. Following the install of Section A, watering will begin at that
time and then Section B will begin watering with a proposed overlap of approximately two to three weeks.
Toward the end of the thirty (30) days the parties will perform a walk-through to determine if any plants
need replacement. Once replacement and watering have occurred for the period of thirty (30) days,
maintenance and watering will be the City’s responsibility.
ARTICLE V- STARTING AND COMPLETION
The Contractor shall, and agrees to, commence work for the Project within _____ calendar
days after the Permitted start date of ______ ____, 2019, and to complete fully all work required by the
Contract Documents to the point of Final Acceptance by the Owner within ____ Calendar days.
ARTICLE VI- PAYMENT TO CONTRACTOR
Owner agrees with said Contractor to employ, and does hereby employ, the said Contractor to
provide the material and do all the work and do all other things herein above mentioned according to
the terms and conditions hereinafter contained or referred to, for the prices aforesaid, and hereby
contracts to pay Contractor at the time, in the manner and upon the conditions set forth or referred to in the
Contract Documents; and the Owner and the Contractor for themselves, their heirs, executors,
administrators, successors and assigns, do hereby agree to the full performance of the covenants herein
contained.
ARTICLE VII-INVALIDITY AND SEVERABILITY
The invalidity of any provision included in any of the Contract Documents shall not be deemed to
impair or affect in any manner the validity and enforceability of the remainder of the Contract Documents,
and in such event, all the other provisions of the Contract Documents shall continue in full force and effect
as if such invalid provision had never been included therein. Owner and Contractor agree that, in such
- Page 72 -
SECTION
event, the Contract Documents shall be reformed to replace the stricken provision or part thereof with a
valid and enforceable provision that achieves, to the maximum extent possible, the intention of the
stricken provision.
ARTICLE VIII - CHOICE OF LAW AND FORUM SELECTION
The Contract Documents shall be construed and controlled by and under the laws of the State of
Georgia without regard to conflicts of laws principles. Further, any dispute arising out of or concerning
the Contract Documents, or any action or inaction performed thereunder, shall be adjudicated in either (a)
the United States Court for the Southern District of Georgia, Savannah Division; or (b) the State or
Superior Courts of Chatham County, Georgia, and the parties waive any defenses of personal and/or
subject matter jurisdiction to the aforesaid venues.
IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed
in four original counterparts the day and year first above written.
(SEAL) THE GREENERY, INC.
(Contractor)
By: ----------------------------------
It's ----------------------------------
Attest: Title ------------------------------ ---------------------
City of Tybee Island, GA
(Owner)
By: _
It's ----------------------------------
Attest: Title ------------------------------ ---------------------
- Page 73 -
SECTION
Approved this day of , 20_.
IMPORTANT NOTE: If the Contractor is a corporation, the legal name of the corporation shall
be set forth above together with a signature of the officer or officers authorized to sign Contracts
on behalf of the corporation; if Contract is a co-partnership, the true name of the firm shall be
set forth above together with the signatures of all the partners; and if Contractor is an individual,
his signatures shall be placed above. If signature is by an agent other than an officer of a
corporation or a member of a partnership, a power-of-attorney must be attached hereto.
Signature of Contractor shall also be acknowledged before a Notary Public or other person
( authorized by law to execute such acknowledgment.
- Page 74 -
SECTION
{ CERTIFICATE TO BE EXECUTED IF
CONTRACTOR IS A CORPORATION
I, certify
that I am the of the
Corporation named as Contractor hereinabove; that by Resolution of the Board of Directors at a
meeting held on , 20 , a Resolution was passed giving authority
to to sign the foregoing Contract on behalf of the
Contractor; that said officer was then of said corporation by authority of its
governing body and is within the scope of its corporated powers, and said power has not since
been revoked.
Secretary
Date ------------------
(Corporate Seal)
County
State -----------------------
- Page 75 -
SECTION B-3a 1 PERFORMANCE
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we -----------------------------
---------------------------------------(hereinafter called the Principal), and
(the Surety)
are held and firmly bound unto the City of Tybee Island, GA, and/or its assigns in the penal sum
of ----------------------------------------------------------- ($ ) for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrator, successors, and assigns jointly and severely
for the faithful performance of a certain written Contract dated the day of
, 20___, entered into between the Principal and the Owner for the City of Tybee
Island, GA, Highway Median Improvements and Landscaping Project a copy of which
Contract is incorporated herein by reference and is made a part hereof as if fully copied herein.
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall faithfully
perform the terms, undertakings, covenants, agreements, and conditions of the contract in all
respects on his part, and shall fully pay all obligation incurred in connection with the
performance of such Contract on account of labor and materials used in connection therewith
and all such other obligations of every form, nature, and character, and shall save harmless the
Owner from all cost and damage which may be suffered by reason of the failure to fully and
completely perform said Contract and shall reimburse and repay the Owner for all expenditures
of every kind, character, and description which may be incurred by the Owner in making good
any and every default which may exist on the part of the Principal in connection with the
performance of said Contract and further that the Principal shall pay all lawful claims of all
persons, firms, partnerships, or corporations for all labor performed and material furnished in
connection with the performance of the Contract, and that the failure to do so with such persons,
firms, partnerships, or corporations shall give them a direct right of action against the Principal
and Surety under this obligation; and provided, however, that no suit, action, or proceedings by
reason of any default whatever shall be brought on this Bond after one year from the date on
which the final payment on the contract falls due, and provided further that if any alterations or
additions which may be made under the Contract, or in the work to be done under it, or the
giving by the Owner of any extension of time for the performance of the Contract or any other
forbearance on the part of either the Owner or the Principal shall not, in any way, release the
Principal and Surety or either of them, their heirs, executors, administrators, successors, or
assigns from their liability hereunder, notice to the Surety of any such alterations, extension, or
forbearance being expressly waived. This obligation shall remain in full force and effect until
the performance of all covenants, terms, and conditions herein stipulated and after such
performance this obligation shall become void.
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SECTION B-3a 2 PERFORMANCE
( IN TESTIMONY WHEREOF, witness the hands and seal of the parties hereto on this _
Day of ,20
Executed in two (2) counterparts.
Witness: By: _
Countersigned:
(Resident Agent)
BONDING COMPANY: ------------------------------
ADDRESS: -----------------------------
COMPANY:
ADDRESS:
(
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SECTION LABOR AND
LABOR AND
MATERIAL BOND (
KNOW ALL MEN BY THESE PRESENTS: That we,
, as Principal, and
,as Surety, are held and
firmly bound unto the City of Tybee Island, GA, and/or its assigns (hereinafter called the
Owner), in the penal sum of Dollars ($
) lawful money of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators, personal representatives, successors,
and assigns jointly and severally, firmly by these presents.
WHEREAS, said Principal has entered into a certain contract with said Owner,
dated (hereinafter called the Contract) for the City of Tybee Island, GA, Highway Median
Improvements and Landscaping Project, for which Contract and the Plans and Specifications for
said work shall be deemed a part hereof as fully as if set out herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if
said Principal and all subcontractors to whom any portion of work provided for in said contract
is sublet and all assignees of said Principal and of such subcontractors shall promptly make
payments to all persons supplying him or them with labor, materials, equipment, or supplies for or
in the prosecution of the work provided for in such contract, or in any amendment or
extension of or additions to said Contract noticed which modifications to the Surety being
hereby waived and for the payment of reasonable attorney's fees, incurred by the claimant or
claimants in suits on said Bond, then the above obligation shall be void, otherwise to remain in
full force and effect, PROVIDED, however that this Bond is subject to the following conditions
and limitations.
a. Any person, firm, or corporation that has furnished labor, materials, equipment, or supplies for
or in the prosecution of the work provided for in said Contract shall have a direct right of action
against the Principal and Surety on this Bond, which right of action shall be asserted in a
proceeding, instituted in the county in which the work provided for in said Contract is to be
performed, or in any county in which said Principal or Surety does business. Such right of action
shall be asserted in a proceeding instituted in the name of the claimant or claimants for his or their
use and benefit against said Surety or either of them (but not later than one year after the final
settlement of said Contract) in which action such claim or claims shall be adjudicated and
judgment rendered thereon.
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SECTION LABOR AND
b. The principal and Surety hereby designate and appoint_____________________(To be filled in by
Surety Company) as the agent of each of them to receive and accept service of process other
pleading issued or filed in any proceeding instituted on this Bond and hereby consent that such
service shall be the same as personal service on the Principal and/or Surety.
c. The Surety shall not be liable hereunder for damage or compensation recoverable under any
Workman's Compensation or Employer's Liability Statute.
d. In no event shall the Surety be liable for a greater sum than the penalty of this Bond, or subject to
any suit, action, or proceeding thereon that is instituted later than one year after the final
settlement of said Contract.
Executed in two (2) counterparts.
SIGNED, SEALED, AND DELIVERED THIS day of 20 .
Witness: By:
Countersigned:
(Resident Agent)
BONDING COMPANY: _
ADDRESS: _
COMPANY
ADDRESS
- Page 79 -
AFFIDAVIT
) (To Be Attached To All Contracts)
STATE OF _
COUNTY OF ----------------
----------------------------------------------------'being first
duly sworn, on oath deposes and says that he is--------------------------------
(attorney)
of ---------------------- -------------------------------------------
(in fact or agent) (bonding company)
surety on the attached Contract on------------------------------------------
executed by --------------------------------------------------------
(Contractor)
Affiant further deposes and says that no officer, official, or employee of the Owner has
any interest directly or indirectly, or is receiving any premium, commission fee, or other thing of
value on account of the same or furnishing of the bond, undertaking, or contract of indemnity,
guaranty, or suretyship in connection with the above mentioned Contract.
Signed
Subscribed and sworn to before me this
day of , A.D., 20
Notary Public: County, _
My Commission Expires:
_)
SECTION B-3c 1 AFFIDAVIT - Page 80 -
SECTION B-3d NOTICE OF
NOTICE OF AWARD
DATE: , 20_
TO:
PROJECT: CITY OF TYBEE ISLAND, GA, HIGHWAY MEDIAN IMPROVEMENTS
AND LANDSCAPING PROJECT
You are notified that your Bid dated , 201___, for the
above Contract has been considered. You are the apparent successful bidder and will be
awarded a contract for City of Tybee Island, GA, Highway Median Improvements and
Landscaping Project upon fully conforming with the following requirements for award.
Within seven (7) days of the date of this Notice of Award, you must deliver to the
0WNER the enclosed contract documents, fully executed, signed and witnessed, and a
Certificate of Insurance as follows:
2 originals - Contract
1 original - Performance Bond
1 original - Labor and Material Bond
1 original - Certificate of Insurance certifying compliance with all
insurance requirements specified in the General Conditions
Within ten (10) days after receipt of the above documents, OWNER will return to you
one (1) fully executed original of the Contract. You may obtain two additional free copies of
plans and specifications upon request.
You will be notified of the time and place for a preconstruction conference; your
proposed work schedule must be delivered to the OWNER at that time.
Failure to deliver the aforementioned contract documents and insurance certificate
within the time specified will entitle OWNER to consider your bid abandoned, to annul this
Notice of Award, and to declare your Bid Security forfeited.
City of Tybee Island, GA (OWNER)
By: _
(Authorized Signature) (Typed Name) (Title)
- Page 81 -
SECTION NOTICE TO
NOTICE TO PROCEED
TO: DATE: ----------------------
PROJECT: CITY OF TYBEE ISLAND, GA, HIGHWAY MEDIATION
IMPROVEMENTS AND LANDSCAPING PROJECT
You are hereby notified to commence site work at _________ in accordance with the
Agreement dated , on, or after ___________, and you are to fully and
satisfactorily complete the work to the point of Final Acceptance within 90 days of
commencement of work.
The City of Tybee Island, GA (OWNER)
By
(SIGNATURE)
(TITLE)
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged this day of
----------------' 20 _
(CONTRACTOR)
(SIGNATURE)
(TITLE)
- Page 82 -
SECTION AND RELEASE OF
4357697.1
000572-000572
WAIVER AND RELEASE OF LIEN
FROM:
TO: City of Tybee Island, GA (Owner of Project)
PROJECT: CITY OF TYBEE ISLAND, GA, HIGHWAY MEDIAN IMPROVEMENTS
AND LANDSCAPING PROJECT
KNOW ALL MEN BY THESE PRESENTS:
1. The undersigned, having been employed by The City of Tybee Island, GA, to furnish
labor and/or materials for the referenced project, does hereby waive and release any and all lien
and claim or right to lien and claim against the City of Tybee Island, GA, on the referenced
project on account of labor or materials, or both furnished for the referenced project.
2. The undersigned further certifies that to the best of his knowledge and belief, there are
no unsatisfied or outstanding claims of any character arising out of the furnishing of labor
and/or materials for the referenced project.
3. The undersigned further agree that, after execution of this document, it will defend at its
expense, and save the City of Tybee Island, GA, harmless from any and all claims or liens
arising out of the undersigned's furnishing of labor and/or materials for the referenced project.
4. The undersigned has executed this document in order to induce the City of Tybee Island,
GA, to make final payment to and in no way acts as a release of any claim the undersigned may
have against parties other than the City of Tybee Island, GA, arising out of the furnishing of
labor and/or materials for the referenced project.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this
day of 20
STATE OF _
COUNTY OF _
Personally appeared before me the undersigned Notary Public in and for said County and
State, , who is known to me and who, after being duly sworn,
deposes and says that the facts stated in the above affidavit are true.
NOTARY PUBLIC
(
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
12. Intergovernmental Contract - Chatham County Recreation Authority
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
13. Approve bid and ward YMCA gym roof repairs to Metalcrafts
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
14. Approve bids and authorize purchase of metal barricades and water filled barricades.
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
15. Approve quotes and award Sewer Lift Station Repairs to Southern Civil, LLC
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
16. Resolution - Hotel - Motel Resolution
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RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF
TYBEE ISLAND TO INCREASE THE HOTEL/MOTEL TAX CHARGED
WITHIN THE CITY OF TYBEE ISLAND FROM 6% TO 7%
AS AUTHORIZED BY LAW
WITNESSETH
WHEREAS, pursuant to O.C.G.A. §48-13-51(a)(3.2), the City of Tybee Island currently
imposes a 6% hotel/motel tax on public accommodations as authorized therein; and
WHEREAS, the City currently contracts with the Savannah Area Chamber of Commerce,
a private sector non-profit organization for the purpose of promoting tourism, conventions and
trade shows pursuant to O.C.G.A §48-13-51(a)(3.2) and O.C.G.A. §48-13-51(a)(3); and
WHEREAS, in 2008 the Georgia General Assembly adopted legislation authorizing
municipalities and counties to alter their hotel/motel tax with the approval of the general
assembly by way of local acts under O.C.G.A. §48-13-51(b) so as to permit a higher tax rate but
not to exceed 8%; and
WHEREAS, pursuant to O.C.G.A. §48-13-51(e), a city wishing to change its tax rate
must adopt a resolution which provides for the specific tax rate, identifies the tourism projects or
tourism product development purposes, and specifies the allocation of proceeds; and
WHEREAS, the City of Tybee Island wishes to increase its tax rate pursuant to O.C.G.A.
§48-13-51(b)(2) to a rate of 7% for furnishing for value to the public any room or rooms,
lodgings or accommodations furnished by any person or legal entity licensed by or required to
pay business or occupation taxes to the municipality for operating the hotel, motel, inn, lodge,
tourist camp, tourist cabin, campground or any other place in which rooms, lodgings or
accommodations are regularly or periodically furnished for value; and
WHEREAS, the City does wish to change its tax rate from 6% to 7% in order to increase
the funds available for tourism product development as provided by law; and
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WHEREAS, the Mayor and Council of the City of Tybee Island find it to be in the public
interest to increase the City’s hotel/motel tax to a rate of 7%, a portion of which shall be used for
the purpose of promoting tourism, trade shows and conventions through a contract with the
Savannah Area Chamber of Commerce with whom the City already contracts, for such purposes
under authority of O.C.G.A. §48-13-51(b) and a portion of which increase above 5% shall be
used for such tourism product development;
WHEREAS, the Mayor and Council of the City of Tybee Island has previously passed a
resolution requesting the Georgia General Assembly adopt local legislation consistent with the
provisions herein in a more detailed format and expressly authorize in such resolution the
execution of additional documents and this resolution is consistent with the former resolution,
and it is further authorized and directed that this document be submitted to legislative counsel to
develop an appropriate Local Act, along with the assistant of the City Attorney, to implement the
intentions hereof and of the previously executed resolution entered on the 13th day of December,
2018.
WHEREAS, the Mayor and Council of the City of Tybee Island request that the Georgia
General Assembly enact local legislation to this effect.
NOW THEREFORE, be it resolved by Mayor and Council in open meeting, duly
assembled, as follows:
1.
The Mayor and Council of the City of Tybee Island, by adoption of this resolution,
request that the Georgia General Assembly enact local legislation pursuant to O.C.G.A. §48-13-
51(b) to implement a 7% hotel/motel tax in the City of Tybee Island with revenues above the rate
which would have been collected at the rate of 5% being distributed as hereinafter set forth.
2.
That 50% of the increase above the sums which would have been collected at the rate of
5% be expended to promote tourism, trade shows and conventions in the City of Tybee Island
under contract with the Savannah Area Chamber of Commerce as authorized by O.C.G.A. §48-
13-51(b)(2); and
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3.
That the remaining 50% of the amount above the sums that would have been collected at
the rate of 5% shall be utilized for tourism product development as authorized by O.C.G.A. §48-
13-51(b)(2), including museums, parks/beach and recreational purposes and similar purposes
qualifying as tourism product development under O.C.G.A. §48-13-50.2(6), including beach
improvements and beach renourishments and restrooms on or near the beach, so as to increase
the City’s contribution for such projects thereby lessening the burdens on the Georgia State
budget and thus, the burden on Georgia taxpayers; and
4.
That the Mayor is hereby authorized to execute any documents consistent herewith to
accomplish the intentions hereof and the City Attorney is authorized to cooperate and to
communicate with legislative counsel to develop an appropriate Local Act to implement the
intentions hereof.
IT IS SO RESOLVED in open meeting this ____ day of February, 2019.
CITY OF TYBEE ISLAND, GEORGIA
By: ___________________________________
Jason Buelterman, Mayor
ATTEST:
By: ___________________________________
Clerk of Council
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4360615.1
000572-000001
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
17. Resolution - Chatham County Recreation Authority
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Backup material for agenda item:
18. Bubba Hughes - Amendment to Resolution Requesting Local Legislation to Update the
Charter
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2/8/2019
AMENDMENT TO A RESOLUTION REQUESTING
LOCAL LEGISLATION TO UPDATE THE CHARTER OF THE CITY OF TYBEE
ISLAND AS DESCRIBED HEREIN
BE IT RESOLVED by Mayor and Council of the City of Tybee Island, in open meeting,
as follows:
WHEREAS, the City of Tybee Island is a duly organized municipality existing under the
laws of the State of Georgia; and
WHEREAS, the City has from time to time held council seats declared vacant; and
WHEREAS, currently under Section 5.18 of the Charter, the council elects a member to
fill any vacancy; and
WHEREAS, the council would like for the people to be able to choose who represents
them where more than two years of time is left by any vacancy; and
WHEREAS, doing so would require amending the Charter and constitute a change in the
manner of electing council members to fill vacancies; and
WHEREAS, the City desires to make this change in the Charter giving the people the
ability to choose their representatives in case of such vacancy; and
WHEREAS, the City previously changed its voting structure by requesting and having
secured local legislation authorizing the City to convert their elections from two year cycles of all
offices to staggered four year terms; and
WHEREAS, the City amended the Charter, Section 5.12, which now provides for four
year terms on a staggered basis; and
WHEREAS, the Mayor and Council of the City of Tybee Island has previously passed a
resolution requesting the Georgia General Assembly to adopt local legislation consistent with
the provisions herein and expressly authorized in such resolution the Mayor to execute
documents consistent with such resolution and this resolution is found to be entirely consistent
therewith, it is further authorized and directed that this document be submitted to legislative
counsel to develop an appropriate Local Act, along with the assistance of the City Attorney, to
implement the intentions hereof and of that certain resolution previously entered on the 13th
day of December, 2018.
WHEREAS, as a result of such changes, additional provisions of the Charter need
clarification and/or a revision so as to be clear and consistent,
NOW, THEREFORE, be it resolved by the Mayor and Council in open meeting that the
local legislative delegation be requested to adopt an Act repealing Section 5.18 of the Charter
and amending so that hereinafter it will read as follows:
Section 2.12. Vacancies; filling of Vacancies, shall also be amended so as to provide as follows:
Section 2.12. Vacancies, filling of vacancies.
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2/8/2019
(a) Vacancies. The office of Mayor or council member shall become vacant upon the
occurrence of any event specified by the Constitution of the State of Georgia, Title 45
of the Official Code of Georgia Annotation [O.C.G.A 45 -1-1 et seq], or such other
applicable laws as are or may hereafter be enacted.
(b) Filling of vacancies. A vacancy in the office of Mayor or council member shall be
filled for the remainder of the unexpired term, if any, as provided in Sec. 5.18 of this
Charter.
IT IS FURTHER RESOLVED that the local legislative delegation be requested to adopt an Act
repealing Section 2.33 of the Charter, selection and powers and duties of mayor pro tem, so as to
be consistent with four year terms (or to be determined every two years) and provide as follows:
2.33. Selection and powers and duties of mayor pro tem. At the first regular meeting of
the City Council following the regular election of the Mayor every four years, the council shall
select one of its members as mayor pro tem. During the absence or physical or mental disability
of the Mayor for any cause, the mayor pro tem, or in the mayor pro tem’s absence or disability
for any reason, anyone of the councilmembers chosen by a majority vote of the city council, shall
be clothed with all the rights and privileges of the Mayor and shall perform the duties of the
office of the Mayor so long as such absence of disability shall continue. Any such absence or
disability shall be declared by a majority vote of all councilmembers. The mayor pro tem or
selected council member shall sign all contracts and ordinances in which the Mayor has a
disqualifying financial interest as provided in Section 2.14 of this Charter.
IT IS FURTHER RESOLVED that the local delegation be requested to adopt an Act revising
Section 5.11, regular elections; time for holding, so as hereafter it will read as follows:
5.11. Regular elections; time for holding. In odd numbered years, on the Tuesday next
following the first Monday in November, and biannually thereafter, a regular election
shall be held in the City of Tybee Island such other place or places as the council may
designate for the election of the appropriate number of council members, who shall have
the qualifications specified in this Chapter to hold such office. An incumbent Mayor or
incumbent Councilmember who shall qualify as a candidate and meet the qualifications
to hold such office may be a candidate to succeed himself or herself for such office or for
office as a member of the City Council. As provided in Sec 5.12, the Mayor is elected to
four-year terms and the mayoral election will accompany the election on the Tuesday
next following the first Monday in November in odd numbered years by four year terms.
Section 5.17, nondesignation of specific office by candidate; highest vote elects, shall also be
amended so as to provide as follows:
Section 5.17. Nondesignation of specific office by candidate; highest vote elects. A
candidate seeking one of two or more public offices each having the same title and to be
filled at the same election by the vote of the same electors shall not designate the specific
office he or she is seeking. The candidates for city council receiving the highest number
of lawful votes cast shall be elected as the councilmembers of the City of Tybee Island.
5.18 Filling vacancy in office of Mayor or Council Member.
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2/8/2019
Sec 5.18 – Filling Vacancy in Office of Mayor or Councilmembers.
Should during the term of office to which elected, the Mayor or any councilmember die,
resign, remove or change residence beyond the city limits of the municipality, or otherwise fail
to meet all the all the qualifications prescribed in the Charter for the particular office held at the
time, the office of such person shall thereby become, and thereupon be declared, vacant; and in
case of vacancy in the office of mayor or of any councilmember from any cause whatsoever other
than expiration of the term of office, the Mayor and remaining members of the council, or the
remaining members of the council, as the case may be, shall elect within 30 days after the
vacancy occurs a qualified person to fill the vacant office; provided,
(a) If the vacancy to be filled is the office of Mayor, the office shall be assumed and filled by
the Mayor pro tem elected by the Mayor and councilmembers pursuant to Section 2.33 and
the Mayor pro tem shall continue to serve as Mayor for the entire unexpired term. The
council seat vacated by the former councilmember/Mayor pro tem shall be vacant and the
vacant council seat shall be filled as provided in subsection (c) below.
(b) If the vacancy to be filled is the office of a council member who is not the Mayor pro
tem, the person elected by the mayor and remaining members of council shall serve until
the organizational meeting of the new year following the general municipal election after
the office became vacant; provided further, if in the event more than twenty six (26) months
remain of the term of office as of the date the office became vacant, then in that event the
candidate for council member who places fourth in the general municipal election following
the vacancy shall have been elected to serve the remaining two years of the term beginning
at the organizational meeting of the new year following the general municipal election.
(c) Within thirty (30) days of the councilmember/Mayor pro tem assuming the office of
Mayor pursuant to subsection (a) above, the Council shall elect a qualified person to fill the
vacant councilmember office of the former councilmember Member/Mayor pro tem;
provided further, that: (i) if in the event, as of the date the office became vacant, less than
twenty six (26) months remain of the term of office of the councilmember/Mayor pro tem,
then in that event the qualified person appointed shall serve the entire unexpired term of
the councilmember/Mayor pro tem; and (ii) If in the event, as of the date the office became
vacant, twenty six (26) months or more remain of the term of office of the
councilmember/Mayor pro tem, then in that event the qualified person appointed shall
serve until the organizational meeting of the new year following the general municipal
election at which time the candidate for councilmember who placed fourth in the general
municipal election following the vacancy shall begin serving as a council member for the
remaining two years of the unexpired term of the former councilmember/Mayor pro tem.
(d) In the event a councilmember elected as Mayor pro tem has only 24 months remaining
in his/her term of office, at the expiration of that term and at the first regular meeting of the
Mayor and Council following the expiration of the Mayor pro tem’s term, the Mayor and
Council will elect a Mayor pro tem which may include the same individual who may have
been elected to a new term on Council or any other qualified individual.
(e) In any instance or circumstances where the provisions of (a)(b)(c) and/or (d) do not
provide for a contingency such that an office would be vacant, the remaining elected
officials shall elect a qualified individual to assume the office then vacant within thirty (30)
days of the vacancy involved to serve the entire unexpired term of the vacant office.
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The Mayor is hereby authorized to execute any documents consistent herewith and in order
to accomplish the intention hereof and the city attorney is authorized to cooperate and
communicate with legislative counsel to assist and develop an appropriate local act to
implement the intentions hereof.
SO RESOLVED, this the _____ day of ____________ 218.
CITY OF TYBEE ISLAND, GEORGIA
By: _______________________
Jason Buelterman, Mayor
ATTEST:
By: _______________________
City Clerk
Tybee/Resolution/2018/Charter Changes
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