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HomeMy Public PortalAbout20210128Packet.pdfMAYOR CITY MANAGER Shirley Sessions Dr. Shawn Gillen CITY COUNCIL CLERK OF COUNCIL Barry Brown, Mayor Pro Tem Jan LeViner John Branigin Jay Burke CITY ATTORNEY Nancy DeVetter Edward M. Hughes Spec Hosti Monty Parks 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 January 28, 2021 at 6:30 PM Please silence all cell phones during Council Meetings Consideration of Items for Consent Agenda 6:30PM Opening Ceremonies Call to Order Invocation Pledge of Allegiance Announcements Recognitions and Proclamations 1. Planning Commission Retirees Charles "Bud" Matlock Alan Robertson 2. Ethics Commission Frances Kaye Strickland Consideration of the approval of the minutes of the meetings of the Tybee island City Council 3. Minutes, City Council Meeting, January 14, 2021 Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. 4. Maria Procopio, Marine Science Center Update Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. 5. Shirley Wright: Tybee Voices If there is anyone wishing to speak to anything on the agenda other than the Public Hearings, please come forward. Consideration of Approval of Consent Agenda - Page 1 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Public Hearings 6. Private Parking Lots Approval of Special Events 7. Tybee Sprint Triathlon Consideration of Bids, Contracts, Agreements and Expenditures 8. Approval of Non-Profit Organizations Tybee Island Maritime Academy: $20,000 Tybee Beautification: $2,000 to include waivers Tybee Arts Association: $2,000 to include waivers Yeepies: $575 Tybee MLK: $600 Tybee Clean Beach Volunteers: $2,000 American Legion: Waiver of fees for alcohol licenses Garden Club: Waiver of fees for Guard House to conduct meetings Farmer market: Waiver of fees for business license Consideration of Ordinances, Resolutions 9. First Reading: 2021-02, Septic to Sewer 10. First Reading, 2021-03, Section 3-190 (H), Water Restriction FOR DISCUSSION 11. Second Reading: 2021-01, Article VIII, Short Term Rental Properties Council, Officials and City Attorney Considerations and Comments 12. Shawn Gillen: Tybee Island Alcohol Ordinance Workgroup Final Recommendations 13. Shawn Gillen: Action Item List 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 the m 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 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.” - Page 2 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 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.” - Page 3 - File Attachments for Item: 3. Minutes, City Council Meeting, January 14, 2021 - Page 4 -Item #3. City Council Minutes January 14, 2021 Consideration of Items for Consent Agenda Mayor Sessions called the consent agenda to order at 6:30PM on January 14, 2021. Those present were Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Tracy O’ Connell, City Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Jay Burke was not in attendance. Mayor Sessions asked the Clerk of Council to distribute ballots for those who submitted applications for the Planning Commission and Ethics Commission. She continued to explain the proceedings for this evening regarding the voting. Ms. LeViner distributed the ballots and waited for Council to cast their votes. She then collected the ballots and Mayor Sessions adjourned the meeting for a ten-minute break to tabulate the votes. Mayor Sessions called the meeting to order. Mayor Sessions listed the following items on the consent agenda:  Minutes: December 10, 2020  Award for ITB 2020-757, Mechanical Bar Screen. Funding for this project was in the FY2021 Capital Improvement Program under Account Number 505-4350-54-1400. Total cost is $236,874 from Southern Civil, LLC  Contract: Basin Company, LLC, Providing and Installation of Storm Shutters  Water Tank Maintenance – 78 Van Horn. Critical tank maintenance requires that ALL equipment be removed. Verizon has installed a temporary pole on site for their equipment. Chatham County ICS will be providing an additional temporary pole to transfer all remaining public safety radio equipment, with the exception of the microwave drum antenna connecting this site to the County network. Comcast will provide a temporary point-to-point circuit as a workaround. The cost is to establish a secure site just north of the tower, erect the temporary pole, transfer the equipment, provide temporary land- based communications and return all equipment to the tank when maintenance is complete.  Budget Adjustment: Salt Meadows Project: Nutter and Associations, Hydrologic Analysis Re-assement for Leonard property driveway maintenance project  Resolution: 2021-1, Superintendent of Elections  Resolution: 2021-02, Municipal Election  Ante Litem Notice: Mark Douglas Deloach – To Reject Ante Litem Notice  Authorization of 80hrs of COVID 19 Sick Leave for employees during calendar year 2021 Mayor Sessions called the regular meeting to order. All those present for the consent agenda were present. Opening Ceremonies  Call to Order  Invocation: Susan Hill, All Saints Episcopal Church  Pledge of Allegiance Mayor Sessions asked everyone to direct their attention to the monitor where there would be a presentation, In Memorial 2020. She asked that we all remember those who have gone on. - Page 5 -Item #3. Recognitions and Proclamations 2020 Retirees Shawn Gillen asked Janice G. Elliott to approach the podium to be recognized for 20 years of service with the City of Tybee. Dr. Gillen gave accolades for her tenure with the City and performance as Human Resources Director. He then presented her with a Certificate of Appreciation and a City watch. Shawn Gillen stated the other retirees to be recognized were Phyllis George and Melanie Smith. Dr. Gillen stated Ms. George has been with the Tybee Island Police Department for 15 years and her duties included Supervisor/Administrative Assistant. He expressed his appreciation for all she has done during her tenure. Dr. Gillen then recognized Melanie Smith. Ms. Smith has been with the Tybee Island Police Department for 25 years as a Dispatcher in the 911 Department. He thanked Ms. Smith for her dedication and hard work. Neither Ms. George nor Ms. Smith were able to attend the meeting. Julia Pearce approached Mayor and Council to speak to the virtual MLK Parade for 2021. Ms. Pearce then introduced Nancy Wineriter and presented her with the Humanitarian of the Year Award, 2021. Ms. Wineriter thanked Ms. Pearce, Mayor, and Council for this honor. Consideration of Boards, Commissions and Committee Appointments  Planning Commission: Marie Gooding  Planning Commission: Susan Hill  Planning Commission: Charles "Bud" Matlock (Incumbent)  Planning Commission: E. Craig Meyer  Planning Commission: David McNaughton (Incumbent)  Ethics Commission: Lee Cheek  Ethics Commission: Trey Conners  Ethics Commission: Nancy Frankenhauser  Ethics Commission: Michael Pappas (Incumbent)  Ethics Commission: Mark Reed (Incumbent)  Ethics Commission: Marie Rodriguez  Ethics Commission: Frances Kaye Strickland (Incumbent) Jan LeViner announced the results of Councils votes (attached). New members for the Planning and Ethics Commissions were as follows:  Planning Commission o Marie Gooding o Susan Hill o David McNaughton  Ethics Commission o Trey Conners o Nancy Frankenhauser o Michael Pappas o Mark Reed o Marie Rodriguez - Page 6 -Item #3. Mayor Sessions thanked everyone for submitting their names and congratulated the winners.  Tybee Island Development Authority/Main Street Board of Directors: Beth Martin  Tybee Island Development Authority/Main Street Board of Directors: Michael Flores Monty Parks made a motion to approve the nominations for the Development Authority/Main Street Board of Directors. John Branigin seconded. Vote was unanimous to approve, 5-0. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. Eric Landon approached Mayor and Council to give an update on the CRC Comp Plan Process. Mr. Landon thanked Mayor Sessions. He explained the Coastal Regional Commission (CRC) represents ten (10) coastal counties and 35 cities in Georgia. Mr. Landon stated he is going to work on the City’s Comprehensive Plan, which is required by DCA every five (5) years. The first step is to have a public announcement, which is what is happening tonight. In this way, the public will be aware of upcoming stakeholder meetings. The goal is to do community building and have shared visions and goals for the next five years. Mr. Landon stated the due date is October 31, 2021 and they hope to have it completed during the summer. Mayor Sessions asked Mr. Landon what the City could do to assist. Mr. Landon responded he would need a list of stakeholders that can be invited to a series of public meetings in order to receive feedback. There was a brief discussion regarding the format of the meetings, whether zoom or in person. If in person, they will be held at the Public Safety Building. Mr. Landon continued the first meeting is to develop a community vision and goals; second meeting, do an analysis; and third meeting, a land use map. After that meeting with the administrative staff to discuss Short Term Work Program. Mayor Sessions stated all this information will be on the website. Mr. Shaw confirmed. Mayor Sessions thanked Mr. Landon for working with Staff to complete this project. Barry Brown made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous, 5-0. Public Hearings Variance: Requesting to go over required 35 foot height ordinance - 1801 Chatham Avenue, 40009 13006, Zone R-2, Walt Freeman. Mr. Hughes stated this variance request was advertised for a public hearing but the petitioner has withdrawn and not anticipated to be refiled. WITHDRAWN BY PETITIONER Roger Huff approached Mayor and Council to speak to the proposed first reading, 2021-01, Short Term Rental Properties. Mr. Huff read from a prepared statement (attached) expressing his concerns with the proposed ordinance. Mayor Sessions thanked Mr. Huff for his comments. Consideration of Bids, Contracts, Agreements and Expenditures Budget amendment to move funds from Fund Balance to Capital Building Improvements for renovation of old Marine Science Center building. Dr. Gillen stated Marine Science Center currently is moving to their new building and the plan is to create the following in the building: (1) a sub-station for the Tybee Island Police Department; (2) Code Enforcement Monitoring Area; (3) Parking Department; and (4) Ocean Rescue/Beach Safety. In order to accommodate, there is remodeling to be done. It is his intent to “spruce up” the exterior as well as the restrooms. Also on the agenda is the approval of Greenline coming in for an analysis of the exterior of the building. Mr. Hosti asked Dr. Gillen if there is an associated cost for the renovations. Dr. Gillen stated he is asking for $200,000, which is included in the packet before - Page 7 -Item #3. them tonight as a Budget Amendment. This is just an estimate for new flooring, paint, and the construction of new walls and doors. This does not include the design, as it will be done in Phase 2. Mr. Branigin expressed his concerns, as there is no plan for the result. Mr. Parks stated he is in favor of this move but with the move of four departments into the facility by Memorial Day as he is concerned. Dr. Gillen stated Beach Safety might not be able to move, as there are three turtles still in the building. Mr. Parks expressed his concerns with doing major construction while there are still turtles housed in the building. He would not recommend moving forward with construction while the turtles are in the building as they may die or some harm come to them. He asked Council be notified when the Marine Science Center has moved all the animals/creatures so there are not issues with their well-being. Mayor pro tem Brown stated he does not feel there will be danger to the animals/creatures that will remain in the building until such time they can be moved to the new Marine Science Building. Mayor Sessions agreed with Mr. Parks and Mr. Branigin concerns. She recommended a meeting with the Marine Science Center staff as to when the turtles will be moved. Dr. Gillen stated he would speak with the Marine Science Center. Mayor Sessions stated the Marine Science Center staff is scheduled for an update at the upcoming City Council meeting on January 28, 2021. At this time, we can get a time when the turtles can be moved. Dr. Gillen gave a short timeline of the construction. Ms. DeVetter asked Dr. Gillen if he had a date as to when the Marine Science Center staff would have everything moved. Dr. Gillen responded in the negative. Mr. Parks asked why the City could not get a commitment as to when the Marine Science Center will vacate the existing space. Mayor Sessions stated they did provide a date of the end of January 2021 but this has not happened. She then recommended Dr. Gillen and Staff meet with the Marine Science Center staff, Director and Board of Directors, and explain Mayor and Council are very concerned as the City needs to space as well as the well- being of the turtles so they are not harmed. Mayor Sessions asked Dr. Gillen to come back to Mayor and Council will updates regarding the move. Ms. DeVetter confirmed with Mayor Sessions. Dr. Gillen stated they could start on the minor work moving forward. Mr. Parks asked Dr. Gillen the amount of money it would take in order to assist the Marine Science Center to move. If they need funding, we need to assist. Monty Parks made a motion to approve. Barry Brown seconded. Vote was unanimous to approve, 5-0. Award of ITB 2020-755, Memorial Park Pavilion and Budget Amendment, SPLOST Memorial Park Pavilion, to Savannah Construction and Preservation for $112,950. WITHDRAWN DUE TO CONTRACT AMOUNT Consideration of Ordinances, Resolutions First Reading: 2021-01, Article VIII, Short Term Rental Properties. George Shaw approached Mayor and Council. He stated in the packet before them are redline and clean copy versions of the proposed ordinance. These recommendations were sent from the Committee that was set by Mayor and Council. The Committee did leave open the option of raising fees, which may come before Mayor and Council later. Mayor pro tem Brown asked if there was any reference to owner occupied STVR’s. Mr. Shaw stated no. Mayor pro tem Brown asked Mr. Hughes to do away with Bed and Breakfast, as they are not owner occupied. Mr. Hughes stated there is not an ordinance which addresses a boarding house and he agrees with Mayor pro tem Brown. Mr. Hughes recommended Mayor, Council vote on what is before them, and he will revisit the B&B as well as Boarding Houses. Ms. DeVetter recommended moving forward with the proposed ordinance. Mayor pro tem Brown confirmed. Mr. Hughes stated he does not feel any occupied locations should be penalized or made more strict than STVR’s. Mr. Branigin stated his concerns with Air B&B as to enforcement. The owners do not live on the Island or locally. He asked that possibly to add something on the application as to the owner’s locations. Spec Hosti made a motion to approve as presented. Monty Parks seconded. Vote was unanimous to approve, 5- 0. - Page 8 -Item #3. Council, Officials and City Attorney Considerations and Comments Shawn Gillen approached Mayor and Council to discuss the Code Review Committee recommendations. Dr. Gillen stated the Code Review Committee began their work by reviewing the Code excluding the Land Development Code and have made recommended changes. In the packet before them is a brief history of the process and summary of specific categories. Dr. Gillen recommended a public process to bring this back to Mayor and Council. He is proposing a public zoom meeting showing the proposed changes for transparency. Ms. DeVetter confirmed with changing of some laws and deleting others. Dr. Gillen will provide updates. Shawn Gillen: Enter into a contract with Greenline Architecture for an assessment and design for the new use of the Old Marine Science Center Building. Dr. Gillen stated this is to authorize the Mayor to execute a contract once approved by Mr. Hughes. Mayor pro tem Brown asked Dr. Gillen to ensure Greenline Architecture has explicit directions on the remodel of the building. Dr. Gillen confirmed. Monty Parks made a motion to approve. Nancy DeVetter seconded. Vote was unanimous to approve, 5-0. Discussion: Mayor pro tem Brown stated he wanted to ensure the monies in the budget amendment, $200,000, which will be returned to the fund balance within 2-3 years. Dr. Gillen confirmed. Spec Hosti made a motion to adjourn to executive session to discuss real estate, litigation, and personnel. Barry Brown seconded. Vote was unanimous, 5-0. Monty Parks made a motion to return to regular session. John Branigin seconded. Vote was unanimous, 5-0. Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous, 5- 0. Meeting adjourned at 9:10PM. ______________________________ Janet R. LeViner, MMC Clerk of Council - Page 9 -Item #3. - Page 10 -Item #3. - Page 11 -Item #3. - Page 12 -Item #3. - Page 13 -Item #3. - Page 14 -Item #3. - Page 15 -Item #3. - Page 16 -Item #3. - Page 17 -Item #3. - Page 18 -Item #3. - Page 19 -Item #3. File Attachments for Item: 6. Private Parking Lots - Page 20 -Item #6. - Page 21 -Item #6. - Page 22 -Item #6. - Page 23 -Item #6. - Page 24 -Item #6. - Page 25 -Item #6. - Page 26 -Item #6. - Page 27 -Item #6. - Page 28 -Item #6. - Page 29 -Item #6. - Page 30 -Item #6. - Page 31 -Item #6. File Attachments for Item: 7. Tybee Sprint Triathlon - Page 32 -Item #7. - Page 33 -Item #7. - Page 34 -Item #7. - Page 35 -Item #7. - Page 36 -Item #7. - Page 37 -Item #7. - Page 38 -Item #7. - Page 39 -Item #7. - Page 40 -Item #7. - Page 41 -Item #7. - Page 42 -Item #7. - Page 43 -Item #7. - Page 44 -Item #7. - Page 45 -Item #7. - Page 46 -Item #7. - Page 47 -Item #7. - Page 48 -Item #7. Trybee Sprint Triathlon COVID Plan June 6, 2021 Race Details: Name: Trybee Sprint Triathlon Date/Time: June 6, 2021 at 7AM Location: 1401 Strand Ave Tybee Island, GA Description: Sprint Triathlon - 750 yard ocean swim, 20k bike ride, and 5K run Participants: Approximately 200 athletes in total will be participating in the triathlon, duathlon, & 5K Approximately 50 spectators are expected at the triathlon COVID Precautions: • Bikes and staging area for athletes in transition will be spaced 6’ apart with no more than 3 bikes per rack. • Wave starts will be utilized and will be limited in size to abide by guidelines in place at the time of the race from the CDC and government not to exceed 50 people per wave, less if required. Waves will be staggered to go off every 3-5 minutes. • Spectators will be asked to maintain 6’ spacing. With the limited number of spectators we have, this should be easily maintained in the area used. • If restrictions dictate at the time of the event, we will not hold an awards ceremony on site to avoid congregating. Awards will be shipped if we are unable to hold an awards ceremony. • All post-race water and snacks will be self-serve and to go in pre-packaged factory sealed packs. • Extra sanitizing stations will be provided throughout the race area especially at packet pick up tables and post race snack tables. • Mask will be required for packet pickup. • Packet Pickup time will be extended to avoid crowds. We usually use a 3 hour window, we will double this time and have a 6 hour window. • Race information will stress the use of masks (when not racing) and social distancing at all times. • Our staff and volunteers will be wearing masks when unable to social distance. • Per CDC guidelines, the sanitizer will contain at least 60% alcohol Contact: Grand Oak (G.O.) Race Productions Stephanie Middlebrooks (770) 377-3284 / stmiddlebrooks@goraceproductions.com Crisp McDonald (843) 789-0631 / crisp@goraceproductions.com 5102 Cornflower Court, Charleston, SC 29414 - Page 49 -Item #7. File Attachments for Item: 9. First Reading: 2021-02, Septic to Sewer - Page 50 -Item #9. ORDINANCE NO.: _____, 2021 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES AND TO ENCOURAGE THE DISCONTINUANCE OF SEPTIC SYSTEMS IN THE INTEREST OF PUBLIC HEALTH AND TO ENCOURAGE THE REMAINING PROPERTIES SERVED BY SEPTIC SYSTEMS TO CONNECT TO THE CITY SANITARY SEWER SYSTEM BY NOT CHARGING TYPICAL FEES IN CONNECTION THEREWITH AND TO REPEAL CONFLICTING ORDINANCES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to prot ect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitut ion of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers; and WHEREAS, it is in the interest of the City of Tybee Island and the public in general to reduce pollution from failing septic systems on or in the City which risk is enhanced by rising sea levels and the increased risk of sewage leaching into the marsh endangering the ecosystem. - Page 51 -Item #9. NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that the Code of Ordinances shall be amended so as to add a subsection (e) to 70-73 to provide as follows: SECTION I Section 70-73(e) All fees shall be waived for permits and stub in related to an owner or owner's agent switching from a septic system to the city sanitary sewer system. However, it is still the owner or agent's responsibility to pay for all construction cost. SECTION II All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION III It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION IV This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of________, 2021. - Page 52 -Item #9. ADOPTED THIS ____ DAY OF _________________, 2021. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: - Page 53 -Item #9. File Attachments for Item: 10. First Reading, 2021-03, Section 3-190 (H), Water Restriction FOR DISCUSSION - Page 54 -Item #10. ORDINANCE NO. 2021-03 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SECTION 3-190 SWIMMING POOL REQUIREMENTS AND PLACEMENT SO AS TO IMPOSE A REQUIREMENT THAT WATER TO BE APPLIED TO A NEWLY CONSTRUCTED POOL OR A POOL THAT RECEIVES MAJOR RENOVATIONS CONSISTING OF MORE THAN TWENTY-FIVE PERCENT OF THE POOL BASED ON THE VOLUME OF WATER SHALL BE FILLED FROM OR BY AN OUTSIDE WATER SOURCE OR A SHALLOW WELL RATHER THAN THE CITY'S MUNICIPAL WATER SYSTEM WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers; and WHEREAS, the City of Tybee Island has approached and does approach its withdrawal capacity from the Floridan Aquifer; and WHEREAS, the City has been expecting to have a deep well constructed on the island however, due to a failure of the structure during construction the well has not been built; and WHEREAS, in order to protect the resources of the City and to continue to establish or promote principles of conservation, the Mayor and Council have determined that the Code of Ordinances of the City of Tybee Island should be amended so as to address the use of water in connection with privately constructed swimming pools. NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: - Page 55 -Item #10. SECTION I Section 3-190 shall be amended to add a new subsection "(H) water restriction" which shall read as follows: (H) Water Restriction For the initial filling of a newly constructed swimming pool, the water to fill the pool shall be from an outside source or shallow well and not from the City's municipal water system. SECTION 2 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 3 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 4 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of __________________, 2020. ADOPTED THIS __ DAY OF ___ , 20202021. - _________________________________ MAYOR ATTEST: CLERK OF COUNCIL - Page 56 -Item #10. FIRST READING: SECOND READING: ENACTED: - Page 57 -Item #10. ORDINANCE NO. 2021-03 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SECTION 3-190 SWIMMING POOL REQUIREMENTS AND PLACEMENT SO AS TO IMPOSE A REQUIREMENT THAT WATER TO BE APPLIED TO A NEWLY CONSTRUCTED POOL OR A POOL THAT RECEIVES MAJOR RENOVATIONS CONSISTING OF MORE THAN TWENTY-FIVE PERCENT OF THE POOL BASED ON THE VOLUME OF WATER SHALL BE FILLED FROM OR BY AN OUTSIDE WATER SOURCE OR A SHALLOW WELL RATHER THAN THE CITY'S MUNICIPAL WATER SYSTEM WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers; and WHEREAS, the City of Tybee Island has approached and does approach its withdrawal capacity from the Floridan Aquifer; and WHEREAS, the City has been expecting to have a deep well constructed on the island however, due to a failure of the structure during construction the well has not been built; and WHEREAS, in order to protect the resources of the City and to continue to establish or promote principles of conservation, the Mayor and Council have determined that the Code of Ordinances of the City of Tybee Island should be amended so as to address the use of water in connection with privately constructed swimming pools. NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: - Page 58 -Item #10. SECTION I Section 3-190 shall be amended to add a new subsection "(H) water restriction" which shall read as follows: (H) Water Restriction For the initial filling of a newly constructed swimming pool, the water to fill the pool shall be from an outside source or shallow well and not from the City's municipal water system. SECTION 2 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 3 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 4 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of __________________, 2020. ADOPTED THIS __ DAY OF ___ , 2021. - _________________________________ MAYOR ATTEST: CLERK OF COUNCIL - Page 59 -Item #10. FIRST READING: SECOND READING: ENACTED: - Page 60 -Item #10. File Attachments for Item: 11. Second Reading: 2021-01, Article VIII, Short Term Rental Properties - Page 61 -Item #11. ARTICLE VIII. ‐ SHORT‐TERM RENTAL PROPERTIES[4]     Sec. 34‐260. ‐ Purpose and intent.   (a) The purpose of this article is to establish regulations for the use of residential dwelling units as short-term vacation rentals and to ensure the collection and payment of hotel/motel fees and occupation tax certificate fees. (b) "Short-term vacation rental" means an accommodation for transient guests where, in exchange for compensation, a residential dwelling unit is provided for lodging for a period of time less than 30 consecutive days. Such use may or may not include an on-site manager. For the purposes of this definition, a residential dwelling shall include all housing types and shall exclude bed and breakfast accommodations as they are defined by the City of Tybee's Land Development Code. This is also identified as "STVR". (c) An owner shall be required to designate an agent for any short-term vacation rental unit, whose responsibility it will be to comply with the requirements of this section on behalf of the owner. The owner may be the agent. (d) "Short-term vacation rental agent" is a local contact person designated by the owner who shall be available at all times to respond to complaints regarding the condition, operation, or conduct of occupants of the STVR. Such person is customarily present at a location within the city for purposes of transacting business, and is responsible for taking remedial action to resolve issues within one hour. (e) The owner or agent shall not be relieved of any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the residential dwellings unit as a short-term vacation rental unit. Sec. 34‐261. ‐ Application.   (a) Within 90 days of the effective date of the ordinance from which this article is derived, no person shall rent, lease or otherwise exchange for compensation all or any portion of a dwelling unit as a short-term vacation rental, as defined in section 34-260, without the owner or rental agent first obtaining an occupation tax certificate and identifying the location of each STVR with the city. (b) The city must be notified in writing within seven days when there is a change in property ownership, management, agent or emergency contact. Failure to do so will void any permitted use as an STVR. (c) The application shall be furnished on a form specified by the city manager, accompanied by a non- refundable occupational tax and regulatory fee. Such application should include: (1) The complete street address and property identification number (PIN) of the STVR; (2) Ownership, including the name, address, e-mail and telephone number of each person or entity with an ownership interest in the property; (3) The number of bedrooms, the maximum occupancy and the number and location of off-street parking spaces on the premises and any off-premises parking applicable; (4) The name, address and telephone number of a short-term vacation rental agent or local emergency contact if applicable; and (5) Any other information that this chapter requires the owner to provide to the city as part of the identification for a short-term vacation rental. The city manager or his or her designee shall have - Page 62 -Item #11. the authority to obtain additional information from the applicant as necessary to achieve the objectives of this chapter. (6) The emergency contact number required. (7) Proof of liability insurance shall be required along with evidence that insurance company knows the property is being used as an STVR. (d) The certification form pursuant to this section shall be processed, and added to a database to be kept by staff listing STVR unit information and any citations that occur. The city shall notify the owner and agent of any instances that result in a citation for a code violation or other legal infraction. (e) Owner or rental agent for a short-term vacation rental shall submit, on an annual basis, an occupational tax certificate to the City of Tybee Island. Sec. 34‐262. ‐ Regulatory fee/renewal.   (a) The short-term vacation rental application shall be accompanied by an initial regulatory fee and be subject to an annual fee every January 1 thereafter, as established by the mayor and city council. The regulatory fee shall be $100.00 per rental unit. An application is valid when completed and filed along with payment of the application regulatory fee. The fee shall be due January 1 of each year for short-term rental purposes and, if not paid within 90 days thereof, shall be subject to the delinquency and penalty provisions of section 58-163, as applicable, to occupation tax/business license provisions as well as the revocation of any right to use the unit for short-term rental purposes until payment of the penalties and fee. In addition to the regulatory fee license as specified herein, the applicant shall also pay the required occupation tax each year. (b) Each property or unit shall be issued a unique property identification number. (c) Failure to register as prescribed by this law will result in a fine of $500 for each month that the unit continues to operate without registration. (d) The annual registration of a unit and the regulatory fee are not transferrable. In the event ownership of a unit changes, and even if there is no change in the management company managing the unit, the fee upon ownership change shall be $100.00, if the change occurs prior to July 1 of the year $50.00 if after July 1 of the year. (e) In the event a management company changes, the unit is to be re-registered by notice to the city and the regulatory fee will be $50.00, if the management company change is after July 1; otherwise, the fee is $100.00, Sec. 34‐263. ‐ Good neighbor policy.   The city shall make available on its website a list of STVR good neighbor policies which STVR agents must share with their clients, owners, and guests. Sec. 34‐264. ‐ Signs.   All one- and two-family STVR units shall post a sign that shall be visible and legible from the address side of the street listing emergency contact name and phone number The emergency contact name and number shall be the STVR agent as required by section 34-260(d) unless otherwise specified and approved by the city staff and any rental agency involved. Such sign shall not be less than 18 inches x 24 inches and shall not exceed 24 inches x 24 inches. The purpose of the required sign is to enable officers and third parties to identify appropriate contacts - Page 63 -Item #11. for issues with the property and/or the occupants and, therefore the sign shall be located in such a location that it faces the street which is listed as the real property address or otherwise located at such location as approved by staff consistent with that purpose. The view of the sign shall not be obstructed by fencing, cars, vegetation, etc. Multi-family units shall post a sign which shall be visible and legible from a publicly accessible area outside the unit listing the required emergency contact name and phone number. . Signs for multi-family units shall be 8½ inches by 11 inches. All such signs shall be located no further than four feet from the outer most edge of the front entry door or otherwise located at such location as approved by city staff consistent with that purpose. Multi-family units may have one additional sign on the exterior of the property which complies with the standards of the one and two family STVR unit for the purposes of advertising, branding and way finding. To the extent that the requirements herein are inconsistent with the Sign Ordinance the provisions hereof shall control in the case of short term vacation rental properties and shall supersede any inconsistent provisions of Homeowner Association Agreements or policies or Condominium Association Agreements or policies pertaining to signage. Sec. 34‐265. ‐ Unique location identification number required.   Each short-term vacation rental property or unit is to have a unique location identification number. Any advertising, promotion or notice of availability of a property or unit for a short-term vacation rental occupancy shall include the location identification number or numbers for every available property or unit which is the subject matter of the advertisement, promotion or notice. The phrase "advertisement, promotion or notice" as used herein shall include, but not be limited to, brochures, marketing material and any online, digital, social media or published promotion of any such property or unit. The failure to include such number as required herein shall be a violation hereof and punishable as otherwise provided in this Code. Sec. 34‐266. ‐ Compliance.   (a) It shall be the responsibility of the owner or agent to pay all required taxes required by chapter 58, article IV, room excise tax. Secs. 34‐267—34‐299. ‐ Reserved.   - Page 64 -Item #11. File Attachments for Item: 12. Shawn Gillen: Tybee Island Alcohol Ordinance Workgroup Final Recommendations - Page 65 -Item #12. Tybee Island Alcohol Work Group Recommendations to City Council:  Develop a long-range plan to address the oversaturation of Tybee Island, inclusive but not limited to, related issues involving overconsumption of alcohol, parking, litter, and vehicle congestion traffic. This plan should be articulated and resolved by Tybee Island City Council on or before February, 2021. The following recommendations should be implemented as soon as reasonably possible.  Fill Vacant Police Positions o The City should continue to work to fill the vacant police officers positions. The hiring of police cadets, increasing pay, signing bonuses, or other means of recruiting should be utilized.  Make Public Safety Employee Pay More Competitive o Beginning in the next budget cycle the City should move the salary range for Public Safety personnel above the 65th percentile of the market to allow for recruitment and retention of officers, better coverage of the south end business district and provide adequate public safety service to the entire city. The burden of the cost of these measures should be borne by those driving the cost.  Create a more visible presence in the south end business district while maintaining adequate coverage for the rest of the City. o Utilize the old Marine Science Center as a police substation. o Negotiate an intergovernmental agreement with Chatham County to provide additional police officers during the tourist season. o Use the Old Marine Science Center as a video monitoring station for code enf orcement and police.  Better Training for Servers o If an employee pours or serves alcohol, they must have the Safe Serve Certification. o Eliminate the “Bar Card” requirement.  Liability Insurance o The City should require proof of liquor liability Insurance prior to issuance of an on premises alcohol license.  Safety Check Points o Use some form of road safety checkpoints on some of the busier weekends.  Use of Cameras o Invest in more and better camera technology and personnel to monitor video. o Cost of this technology and personnel should be borne by those that are driving the cost.  Public Information o Develop new ways to communicate police services to the City. o i.e. Best of Body Cam montage. o Use electronic Sign Boards to send message to people coming on the island. o Send information on beach rules to hotels and stvr’s.  Increase enforcement of current rules and laws related to behavior. This is to include but not limited to litter, glass on the beach, public intoxication, and disorderly conduct.  Conduct a recurring call load study to determine the appropriate number of officers per shift. - Page 66 -Item #12. File Attachments for Item: 13. Shawn Gillen: Action Item List - Page 67 -Item #13. ACTION ITEM LIST DATE ITEM ASSIGNED STATUS 1/11 Agenda item: Waive fees for non-profits Shawn To be on agenda for 1/28 - completed 1/11 Marine Science Center to come before Mayor and Council Shawn To be on agenda for 1/28 1/11 Tybee Post Theater to come before Mayor and Council Shawn To be on agenda for 2/25 1/14 Water Rate Study Update Shawn To be on agenda for 1/28 1/11/2021 - Page 68 -Item #13.