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HomeMy Public PortalAbout20210211Packet.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 February 11, 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 Consideration of the approval of the minutes of the meetings of the Tybee island City Council 1. City Council Meeting, January 28, 2021 Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 3 minutes. 2. Judith Fabian, Dogs on the Beach 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 Public Hearings 3. Site Plan: approval for a gazebo/water craft rental on the north side of the Hwy 80 Bridge – 2101 Hwy 80 – 40024 02001 – Zone M-D – Patrick Mathews. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License 4. Agenda Request: Coco's Tybee Island LLC dba Coco's Sunset Grille: Alcohol and Entertainment License; Liquor/Beer/Wine/Sunday Sales Consideration of Bids, Contracts, Agreements and Expenditures 5. Water/Sewer Utility Rate - Page 1 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Consideration of Ordinances, Resolutions 6. Second Reading: 2021-02, Septic to Sewer Council, Officials and City Attorney Considerations and Comments 7. Barry Brown: Extension to the YMCA Building and possible location for modular classroom for TIMA 8. Nancy DeVetter: Sec 7-050 - Tree Removal Requirements and Sec 7-090 - Penalties for unlawful tree removal 9. Nancy DeVetter: Marijuana Possession as City Ordinance Violation Minutes of Boards and Committees for Information Only 10. 20210125-PC-MINUTES 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 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.” - Page 2 - File Attachments for Item: 1. City Council Meeting, January 28, 2021 - Page 3 -Item #1. City Council Minutes, January 28, 2021 Consideration of Items for Consent Agenda Mayor Sessions called the Consent Agenda to order at 6:30PM. Those present were Jay Burke, Monty Parks, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Tracy O’Connell, Assistant City Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. John Branigin was not in attendance per prior notice. Mayor Sessions called the regular meeting to order. All those present for the consent agenda were present. Opening Ceremonies  Call to Order  Invocation: Jan LeViner, Clerk of Council  Pledge of Allegiance Mayor Sessions listed the following on the Consent Agenda:  Minutes, City Council Meeting, January 11, 2021 Recognitions Demery Bishop, Chair, Planning Commission approached Mayor and Council to recognize Alan Robertson and Charles “Bud” Matlock for their serving on the Planning Commission for the past four years. Mr. Bishop presented both gentlemen with a Certificate of Appreciation from the City. Mr. Robertson thanked Mayor and Council for the opportunity to serve on the Commission as did Mr. Matlock. Mayor Sessions thanked both gentlemen for their service. Michael Pappas, Chair, Ethics Commission approached Mayor and Council to recognize Frances Kaye Strickland for her tenure on the Ethics Commission. Ms. Strickland was not in attendance. Mayor Sessions asked Mr. Pappas to pass along Mayor and Council appreciation for her service as well as ensure Ms. Strickland received her Certificate of Appreciation. Mr. Pappas confirmed. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. Cathy Sakas, President, Marine Science Center Foundation, approached Mayor and Council to give an update on the exhibits and fund raising. Ms. Sakas stated the original goal of the Foundation was $1.5M for exhibits only. To date the Board has raised $806,000 in sponsorships and donations and this is 58% of their goal. Ms. Sakas gave a brief presentation of the projected exhibits and their location in the facility (attached). Maria Procopio, Marine Science Center, approached Mayor and Council to give an Update on the Marine Science. Ms. Procopio gave a brief presentation, attached, on the progress of the Center. She stated the Marine Science Center will move out of the Strand facility within days and into the new facility. Ms. Procopio outlined the Three-Phased Opening as Thursday, February 18, 2021 the Discovery Shop will open to the public and visitors will be able to enjoy both the Amphitheater and Ship Watch Loft. On March 25, 2021 the East Gallery will open and May 1, 2021 the West Gallery and Open Air Gallery will open. Mayor Sessions thanked both Ms. Sakas and Ms. Procopio for their hard work associated with the Marine Science Center. - Page 4 -Item #1. Citizens to be Heard. Shirley Wright approached Mayor and Council to express her concerns with recent verbal attacks as to Forever Tybee. Ms. Wright read from a prepared statement, Tybee Voices, (attached). Mayor Sessions thanked Ms. Wright for taking the time to remind everyone how important civility is in a community. Pat Leiby approached Mayor and Council to speak to the Proposed Alcohol Restrictions. Ms. Leiby thanked the Alcohol Working Group for all the time that was spent is crafting the recommendations before Mayor and Council tonight. She does not feel the recommendations address the thoughts of Staff as she feels the problem is the over consumption of alcohol which leads to bad behavior. Ms. Leiby stated the best way to approach the situation of over consumption of alcohol is to not allow alcohol on the beach at Tybee. Mayor Sessions thanked Ms. Leiby for the comments. Gerald Schantz approached Mayor and Council to speak to the Proposed Alcohol Restrictions. Mr. Schantz, owner of Gerald’s Pig and Shrimp Restaurant stated he sells beer and has a rule at the restaurant, only two (2) beers per person as he is a restaurant and not a bar. He would like to know if there is going to be a distinction between establishments that sell beer, wine and liquor and those that sell just beer and wine. Mayor Sessions that Mr. Schantz for his comments. Cody Gay approached Mayor and Council to speak to the proposed ordinance regarding Short Term Vacation Rentals. Mr. Gay stated he would like to speak to two items: (1) Sign Ordinance as it relates to an 8.5x11 sizing. This would not be possible with some of his properties as the front door is the elevator and (2) Registration and Tax Process. Currently there is no resolve on how this is to be processed. Mayor Sessions thanked Mr. Gay for his comments. Spec Hosti made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous to approve, 5-0. Public Hearings Private Parking Lots: Discussion of commercial and private parking lots. George Shaw approached Mayor and Council. Mr. Shaw stated this is a renewal of the private parking lots in residential zones. There are six parking lots for consideration and with this the applications are in the packet. There are no changes to the applications from the previous year. Last year there was only one citation issued by Code Enforcement and this year there was a second citation (Rosenberg) on the same property as well warnings on the Prescott and Sunrise lots. Ms. DeVetter asked Mr. Shaw to explain the citations that were issued. He stated one was too many cars parked and the other was signage in the road. Mr. Parks confirmed with Mr. Shaw, with Code Enforcement currently patrolling will this keep the owners of the parking lots to a higher standard. Mr. Shaw confirmed. Mr. Hughes stated the Rosenberg parking lot is currently on probation for a previous citation. Ms. DeVetter asked Mr. Hughes what are the ramifications of the probation. Mr. Hughes responded this would be up to Mayor and Council if there are restrictions or non-renewal of the license. Spec Hosti made a motion to approve both commercial and residential parking lots. Monty Parks seconded. Voting in favor were Jay Burke, Monty Parks and Spec Hosti. Voting in opposition were Nancy DeVetter and Barry Brown. Motion passed, 3-2. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License Tybee Sprint Triathlon. Deferred until a later time. - Page 5 -Item #1. Consideration of Bids, Contracts, Agreements and Expenditures  Approval of Non-Profit Organizations o Tybee Island Maritime Academy $20,000 o Tybee Beautification $2,000 to include waivers o Tybee Arts Association $2,000 to include waivers o Yeepies $575 o Tybee MLK $600 o Tybee Clean Beach Volunteers $2,000 o American Legion Waived fees for alcohol licenses. o Garden Club Waive fees for Guard House to conduct meetings o Farmers Market for waiver of fees for business license Discussion: Mr. Hughes stated the nonprofits and groups that seek waivers of fees or similar concessions from the City or that receive funds after making application are supposed to enter contracts with the City that provide for the community benefit thought to be derived from the actions of the nonprofit or group. This is because the City is not authorized to simply make gifts and has to receive benefits in exchange for what the City provides. The issue of whether the City receives adequate value is really up the City and within council’s judgment. Mayor Sessions stated at the Workshop it was recommended Dr. Gillen write letters to specific non-profits asking for additional information and/or re-vamping their request. Dr. Gillen confirmed and stated Staff has reached out. Spec Hosti made a motion to approve to include the waiving of all fees to include Building Permit Fees; Liquor License Fees; Business License Fees; Special Event Fees; and Rental of City Facility Fees. Monty Parks seconded. Discussion: Monty Parks asked Dr. Gillen what constitutes a non-profit? Dr. Gillen responded they will need to show proof of non-profit status through the IRS or there might be an organization that is small organization and be a charity organization. Mr. Parks stated a definition could be “if the group is providing a service”. Dr. Gillen confirmed. Vote was unanimous to approve. Consideration of Ordinances, Resolutions First Reading: 2021-02, Septic to Sewer. George Shaw stated the proposed ordinance is to waive all fees for any home/business that are currently on septic systems that would like to switch to the City’s sewer system. He further explained this is just for the fees and not for fees for the cutting of roads. Barry Brown made a motion to approve. Monty Parks seconded. Vote was unanimous to approve, 5-0. First Reading, 2021-03, Section 3-190 (H), Water Restriction (Discussion, possible amendment). Withdrawn Second Reading: 2021-01, Article VIII, Short Term Rental Properties. George Shaw approached Mayor and Council stating this is second reading of the proposed ordinance as it alters the language of signage but does not amend the fees in any way and there are no changes since the first reading. Ms. DeVetter asked Cody Gay to work with staff regarding the sign for his rentals. Mr. Shaw stated Mr. Gay can do a list of the properties/units by the elevator door without placing signage on doors. Dr. Gillen stated he has addressed the registration with Mr. Gay as well as setting up future meetings with the business owners. Mr. Parks stated there is confusion over the one (1) hour notification for a response to a call. The City is requiring a one (1) hour response time to a call but that does not mean the City is requiring the individual owner(s) to step in and straighten out a situation within an hour. He asked owners to please respond in an hour to the incident. Mr. Hosti asked Dr. Gillen if the Host Compliance software is working. Dr. Gillen responded the registration is working although there are technology issues with the taxation aspect of the software. Mayor Sessions asked Dr. Gillen if will continue to work - Page 6 -Item #1. with the business owners until all the glitches are worked out. Dr. Gillen confirmed. Spec Hosti made a motion to approve with changes as recommended by Mr. Hughes. Monty Parks seconded. Discussion: Mr. Hughes stated there is a correction to the proposed ordinance in Sec 34-262, Regulatory Fees, the words “register or registration” appear in sub-sections c, d, and e, and needs to change to “apply and/or identity” to be in-line with the language in the ordinance that refers to the identification of the unit. One other comment in the first section would be in reference to Bed & Breakfast (B&B). The language concerns him as the STVR operationally includes B&B’s as they collect and pay taxes just as the STVR’s. He has language to change which would alleviate the concerns and states it excludes B&B’s accommodations as they are currently defined by the City of Tybee Island’s LDC however B&B’s are required to have Occupational Licenses and pay applicable taxes and fees as required by law or ordinance. He asked that Mayor and Council include those changes. Spec Hosti accepted Mr. Hughes recommendations and included in his motion. Monty Parks seconded with the revisions. Vote was unanimous to approve, 5-0. Council, Officials and City Attorney Considerations and Comments Shawn Gillen approached Mayor and Council to speak to the Tybee Island Alcohol Ordinance Workgroup Final Recommendations. Dr. Gillen stated the Workgroup met six (6) times beginning the week before Thanksgiving. The final recommendations are in the packet before them this evening. This was a well-balanced group and were able to compromise and find common group. Dr. Gillen listed the major recommendation: o 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 vehicles congestion traffic. This plan should be articulated and resolved by Tybee Island City Council on or before February 2022. The other ten (10) recommendations are as follows: o Fill vacant police position o Make Public Safety Employee pay more competitive o Create a more visible presence in the south-end business district while maintaining adequate coverage for the rest of the City o Better training for Servers o Liability Insurance o Safety Check Points o Use of Cameras o Public information o Increase enforcement of current rules and laws related to behavior o Conduct a recurring call load study to determine the appropriate number of officers per shift Mayor Sessions thanked the Committee for their hard work on this difficult topic. She also thanked Dr. Gillen for the way he facilitated the meetings. Mayor pro tem Brown stated he does not feel the problem Chief Bryson is concerned with is being addressed and that is the violence involved with intoxication. He asked if there were recommendations for “bouncers” or “door- man” at the businesses that serve alcohol. Dr. Gillen stated there were brief discussions regarding private security. Mayor pro tem Brown expressed his concerns with the cost of the recommendations as this falls back on Mayor and Council and the residents. Dr. Gillen responded the Committee only had sixty days to formulate recommendations and wanted to pass those along to Mayor and Council so they can use these recommendations to formulate longer term recommendations. Mr. Burke stated he agrees with Mayor pro tem Brown’s concerns regarding the need for private security. He also recommended pulling the businesses license for non- compliance. Mayor Sessions asked Dr. Gillen if Chief Bryson and his staff have had an opportunity to review the recommendations from the Committee. Dr. Gillen stated the Tybee Island Police - Page 7 -Item #1. Department were part of the conversations and present at all meetings as well the Staff from the Tybee Island Fire Department. Mayor Sessions made reference to public presence by the police officers. Dr. Gillen responded there will be an increase in foot patrol, bike patrol as well as a sub- station in the old Marine Science Center building. Mr. Parks expressed his concerns with more police presence on the south-end which could possibly invite more confrontations that we are trying to solve. Ms. DeVetter stated there are great recommendations and has concerns with the cost to the City. She is in agreement with minor changes and asked Dr. Gillen for a cost for implementation of the other recommendations. Dr. Gillen stated the expensive cost would be if it is the wish of Mayor and Council to move the salaries of the Police Department above the 65th percentile for salaries. This again is up to Mayor and Council on what the salaries should be. He stated there is no estimate until Mayor and Council decide on salary ranges. Ms. DeVetter recommended a workshop. Dr. Gillen concurred. Mr. Burke recommended Dr. Gillen reach out to neighboring communities for their salary ranges. Dr. Gillen stated this was done during the Class and Comp Study two years ago. At that time, it was decided increases would go to the Public Safety Staff in January 2021 and remaining Staff in January 2022. Mayor pro tem Brown expressed his concerns with the police presence in the south-end as it may create issues. He also asked what the vision for the plan is. Dr. Gillen responded he will work with Chief Bryson to create a workshop to come up with a workable plan for police presence in the south-end. Mayor Sessions stated in looking at the list of recommendations there are additional items under each one. The ten bullet items, with the exception of two, fall back on the City and he TIPD. Two falling on the businesses: (1) liability insurance and (2) better training for servers. She continued, Mayor and Council will review and schedule a workshop. She asked Council members send recommendations to Dr. Gillen to be included in the workshop. Dr. Gillen is to reach out to the Committee to make them aware of the workshop. Workshop to be held. Shawn Gillen approached Mayor and Council to discuss the Action Item List. Dr. Gillen gave a brief update on the items. The Clerk will update the List and include in the upcoming packet. Monty Parks made a motion to adjourn to Executive Session to discussion Litigation and Real Estate. Barry Brown seconded. Vote was unanimous to approve, 5-0. Monty Parks made a motion to adjourn to Regular Session. Spec Hosti seconded. Vote was unanimous to approve, 5-0. Monty Parks made a motion to adjourn. Barry Brown seconded. Vote was unanimous to approve, 5-0. Meeting adjourned at 9:35PM. ______________________________ Janet R. LeViner, MMC Clerk - Page 8 -Item #1. - Page 9 -Item #1. - Page 10 -Item #1. 1 Testimony to Tybee Island City Council By Shirley Wright January 28, 2021 Tybee Voices My name is Shirley Wright.  I live at 37 Pulaski Street, property my husband and I have owned since 1999 (22 years)  I have lived here full time since 2009 (12 years). I’m President of Forever Tybee, a 501(c)3 nonprofit whose mission is to educate - and to find common ground for solutions to ongoing problems.  We believe in and support ethical, open, and transparent go vernment and we attend all City Council meetings and city committee meetings and provide summaries quickly --of action taken in those meetings --to our members. Membership is open to anyone at www.forevertybee.org  When we are not in a pandemic – Forever Tybee hosts community gatherings with great food and free educational programs on the “hot topics” of our island,  We host welcoming dinners for Newcomers – who have just become Tybee residents – we have met over a hundred new residents to welcome them to the neighborhood.  We are known for our world class Yard Sale – which we hope to have in early fall, 2021.  We are nonpartisan --with members from all political persuasions and on both sides of almost every issue – so we do not - as an organization - take positions on controversial issues, but we encourage our members to do so.  We also do not endorse or financially support candidates for city council or mayoral elections. We do encourage potential candidates who express interest in being a candidate, and we partner with the League of Women Voters to host Candidate Forums – usually standing room only events - to encourage citizens to ask questions, and Meet and Greet social events so citizens can meet the candidate s and get involved with the candidates of their choice. So, why am I here tonight? Recently, my organization was bullied and attacked -- while we were educating about the City’s cell phone app on our Facebook page -- and although it was probably not as bad as you have endured as a candidate or elected official – it forced me to think about the meaning of that attack, and what we – and you -- can do about it. I’m also here because bullies need to be stood up to – to be called out. Here are the facts that brought me here: - Page 11 -Item #1. 2  We were contacted by frustrated residents who felt that as our COVID numbers go up, and there is still not a Tybee mask mandate, and that while the City has helped local businesses - - enough to get a recent award for doing so (congratulations!) – some local establishments citizens wanted to support, were not doing enough to prevent COVID contagion.  They asked us what they could do..  We suggested -- on our Facebook page --that citizens use a new City app --available on their cell phone --where Tybee encourages citizens to report their concerns about any issue – it’s called SeeClickFix. I later verified with the City leaders that our suggestion was appropriate and was told yes.  The person who started the attack on our Facebook page is a Savannah realtor who once lived on Tybee. He madew the comment “You ain’t Tybee”, then copied our post about the City’s app on his Facebook page -- and people responded with the usual slurs.  “Snitches get Stitches” -- we were called communists, Yankees, “pinkos,” elitists. The worst they threw at us seemed to be “outsider” and “newcomer”-- the idea being that newcomers are not allowed to have ideas. In 2009, one of Forever Tybee’s first goals was to get council members to be civil to volunteers who were speaking. We believe that has been accomplished and I compliment this council in doing an amazing job of listening with patience and tolerance to citizens who have ideas. Unfortunately, in 2021 it may be the volunteers who need guidelines about civil discourse – with what my elementary teacher would call “appropriate language” – and we hope to work with you on education in that area. We know we are living in a divided, partisan nation. And we who have lived on Tybee a long time, know that the brutal, hateful rhetoric is always worse during odd years when there are candidates for the Tybee City Council. We have come to take this hateful rhetoric for granted. All the saga and warm fuzzy feelings about what a loving, welcoming, generous community Tybee is just flies out the window in a municipal election year. And when people complain about the outrageous tone and vicious attacks on both the candidates and their supporters, we say, “Well, it’s na election year”. And it has already started…in January. One of the first messages I got from an old friend when the “You ain’t Tybee” post went up was that it was an election strategy -- by a group that wants to choose and fund who gets elected for council this year -- and has decided to use groups like mine to stir people up. I hope that is just a silly rumor and not the truth. Regardless, norms are modeled from the top and that’s where you sit. So, I am here to ask you at the very start of this election year – to use our experience as your canary in the coal mine -- and for the next 10 months - do not take for granted that Tybee has to be an over-reactive, verbally abusive, mean-spirited place during every election. - Page 12 -Item #1. 3 In the upcoming five-year plan discussions -- and hopefully the resurrection of a Master Plan and a Master Plan Implementation Committee to oversee it -- and in the revision of the Tybee Municipal Code – there will be many voices. I hope we can use those efforts for Tybee residents to find common ground to problems on Tybee -- even in an election year/ How we responded on Facebook after the attack was to educate about the City cell phone app AND we shared a quote by Dr. King: “People fail to get along because they fear each other; they fear each other because they don't know each other; they don't know each other because they have not communicated with each other.” We have all been guilty -- and I confess to the times I have fail to listen before judging. I pledge to you my support – and Forever Tybee’s support – we plan to reach out to those who responded on Facebook, pro and con – to see what common ground we can find. We are a small neighborhood -- and I hope that together you – and we -- can strive for a more civil Tybee. Thank you. - Page 13 -Item #1. File Attachments for Item: 3. Site Plan: approval for a gazebo/water craft rental on the north side of the Hwy 80 Bridge – 2101 Hwy 80 – 40024 02001 – Zone M-D – Patrick Mathews. - Page 14 -Item #3. - Page 15 -Item #3. - Page 16 -Item #3. - Page 17 -Item #3. - Page 18 -Item #3. - Page 19 -Item #3. - Page 20 -Item #3. - Page 21 -Item #3. - Page 22 -Item #3. - Page 23 -Item #3. - Page 24 -Item #3. - Page 25 -Item #3. - Page 26 -Item #3. - Page 27 -Item #3. - Page 28 -Item #3. - Page 29 -Item #3. - Page 30 -Item #3. - Page 31 -Item #3. - Page 32 -Item #3. - Page 33 -Item #3. - Page 34 -Item #3. - Page 35 -Item #3. - Page 36 -Item #3. STAKING AND SIGNING PLAN 1" = 30'STAKING AND SIGNING PLANC-5 5 of 15 sheets---DE S I G N E D JOB NO.MABCH E C K E D DR A W N ---as shownSCALE:REVISIONS-- -ACUTILITIES PROTECTION CENTER 1-800-282-7411 UOYEROFEBLL GIDIT UTIL IE S NCENTEROPROTECTIPRIOR TO DIGGING CONTACT A MINIMUM OF 72 HOURS Drawing Number SCALE: 1" = 30' 0 30'75'60' SPECIAL CONSTRUCTION NOTE: IF THE CONTRACTOR KNOWS OR CAN REASONABLY BE EXPECTED TO HAVE KNOWN OF AN ERROR, DISCREPANCY OR CONFLICT IN THE PLANS, SPECIFICATIONS OR CONSTRUCTION STAKING AND FAILS TO REPORT THE PROBLEM PRIOR TO CONSTRUCTION, HE SHALL NOT BE ENTITLED TO COMPENSATION FOR ANY WORK OR EXPENSE INCURRED BY HIM FOR WORK REQUIRED TO BE RE-CONSTRUCTED BECAUSE OF SAID ERROR, DISCREPANCY OR CONFLICT. PRIOR TO THE START OF CONSTRUCTION. 4. BENCHMARKS SHALL BE VERIFIED BY THE CONTRACTOR AS TO LOCATION AND ELEVATION 10. ALL RADII ARE 5' UNLESS OTHERWISE NOTED. OF CONSTRUCTION. 2. LIMITS OF CLEARING AND GRUBBING SHALL MATCH THE PROPERTY LINE 9. CONTRACTOR TO VERIFY ACTUAL BUILDING DIMENSIONS WITH ARCH. PLANS. GENERAL NOTES: WITH THE ENGINEER/OWNER. SITE SHALL BE BORNE BY THE CONTRACTOR. 5. ALL ANGLES ARE 90 DEGREES UNLESS OTHERWISE NOTED. 1. DIMENSIONS ARE IN FEET AND DECIMAL OF FEET UNLESS NOTED OTHERWISE. 6. CONTRACTOR SHALL VERIFY THAT OVERALL SITE DIMENSIONS AGREE WITH THE 7. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DEVELOPING HORIZONTAL AND VERTICAL 8. CONTRACTOR IS RESPONSIBLE FOR LOCATING ALL EXISTING UTILITIES PRIOR TO COMMENCING OF CONSTRUCTION AND FOR AVOIDING CONFLICT WITH SAME. ANY DAMAGE LOCATING THE EXISTING MONUMENTS AND CARRYING THE STAKING LAYOUT TO THE CONTROL ON THE SITE BASED ON EXISTING MONUMENTS. ALL COSTS INVOLVED IN COORDINATES OR PROPERTY LINES SHALL BE ADJUSTED AND APPROVED BY THE ENGINEER. INCREMENTAL LAYOUT DIMENSIONS AS SHOWN. ANY DISCREPANCIES WITH DIMENSIONS AND BOUNDRY OR AS SHOWN ON THE PLANS. COORDINATE ALL CLEARING ACTIVITIES TO EXISTING UTILITIES SHALL BE REPAIRED AT THE EXPENSE OF THE CONTRACTOR. 3. ALL COORDINATES AND BEARINGS SHOWN ARE BASED ON A SITE COORDINATE SYSTEM. CONTRACTOR SHALL VERIFY PRIOR TO THE START SPECIAL HANDICAP RAMP NOTES : 1. ALL HANDICAP RAMPS SHALL BE CONSTRUCTED AND "TINTED" AS PER ADA GUIDELINES AND REQUIREMENTS. HANDICAP SPACES SUPPLIED = 1 SPACE PARKING SPACES BASED ON City of TYBEE ISLAND, GEORGIA ORDINANCE ASSUMING A COMMERCIAL OCCUPANCY PARKING CALCULATIONS: REQUIRED PARKING = 1 SPACE / 6 SEATS GAZEBO DECK = 672 SF (24 X 28 DECK AREA) TOTAL REQUIRED PARKING SPACES = 30 / 6 + 2 = 7 Spaces TOTAL PARKING SUPPLIED = 14 SPACES SPECIAL SIGNAGE AND STRIPING NOTES : 1. STOP SIGNS SHALL BE HIGH INTENSITY OR DIAMOND GRADE. 2. PAVEMENT MARKINGS ARE TO BE THERMOPLASTIC. VAN ACCESSIBLE SPACES SUPPLIED = 1 SPACES ( 1 VAN SPACE / 6 H.C. SPACES AS PER ADA 208.2.4) TRAFFIC / RIGHT-OF-WAY AND DISCHARGE NOTES: 1. ALL ROAD CLOSINGS, DETOURS AND ETC. ARE TO BE COORDINATED WITH THE CITY OF TYBEE ISLAND, GEORGIA AND GA. DOT PERSONNEL. 2. ANY AND ALL NECESSARY PERMITS MUST BE OBTAINED FROM THE CITY OF TYBEE ISLAND, GEORGIA AND GA. DOT PRIOR TO COMMENCEMENT OF ANY WORK. 3. CONTRACTOR IS TO OBTAIN A R.O.W. PERMIT PRIOR TO PERFORMING ANY WORK WITHIN CITY OF TYBEE ISLAND, GEORGIA AND GA. DOT RIGHT OF WAYS. 4. CHLORINATED DISINFECTED WATER SHALL NOT BE DISCHARGED INTO THE STORMWATER SYSTEM. = 0.9912 = 99 % GREENSPACE GREENSPACE = 11.22 AC. PAVING / BUILDING / ETC. = 0.10 AC. 11.32 AC 11.22 AC Greenspace Calculations : TOTAL SITE = 11.32 AC. TOTAL PARKING SUPPLIED = 13 SPACES 1. INVERT ELEVATIONS ARE TO BE CONSIDERED AS PIPE INVERTS AND NOT AS THE INVERT OF THE MANHOLE, BOX, ETC. Storm and Utilities Manhole and Box Notes : SPECIAL AE AND VE ZONE NOTES : 1. BUILDINGS IN "AE" ZONES ARE TO HAVE THE FINISHED FLOOR SET A MINIMUM OF 1' ABOVE FLOOD. 2. BUILDINGS IN "VE" ZONES ARE TO HAVE THE LOWEST HORIZONTAL STRUCTURAL MEMBER SET A MINIMUM OF 1' ABOVE FLOOD. 3. BUILDINGS IN AE AND VE ZONES ARE TO HAVE ALL ELECTRICAL, PLUMBING, HVAC, DUCTWORK AND OTHER EQUIPMENT TO BE A MINIMUM OF 1' ABOVE FLOOD. 4. FLOOD VENTS ARE REQUIRED IN "AE" ZONES AND ARE TO HAVE 1 SQUARE INCH / SQUARE FOOT OF FLOOR PLAN AREA WITH A MINIMUM ROUND OPENING OF 3", A MINIMUM OF 2 OPENINGS WITH ALL OPENINGS EVENLY SPACED AROUND PERIMETER. BOTTOM OF OPENING SHALL BE 12" OR LESS ABOVE ADJACENT GRADE. 5. BREAK AWAY WALLS ARE REQUIRED IN "VE" ZONES. 6. COORDINATE SITE WORK AND FINISHED FLOOR ELEVATIONS WITH ARCHITECTURAL PLANS TO MAKE SURE BUILDING ELEVATIONS ARE SET AS PER CODE. TOTAL PARKING SUPPLIED = 12 WITHIN WALKING DISTANCE + BIKE RACK 1. TOTAL PROPOSED IMPERVIOUS COVER FOR THIS PROJECT IS LESS THAN 5,000 S.F. Impervious Cover Note : STREAM BUFFER ENCROACHMENT NOTES : 1. NEW STRUCTURES ON THIS PROJECT DO NOT ENCROACH IN THE 25 OR 50 FOOT STREAM BUFFER. 2. NON-EXEMPT ACTIVITIES SHALL NOT BE CONDUCTED WITHIN THE 25 OR 50 FOOT UNDISTURBED STREAM BUFFERS AS MEASURED FROM THE POINT OF WRESTED VEGETATION OR WITHIN 25 FEET OF THE COASTAL MARSHLAND BUFFER AS MEASURED FROM THE JURISDICTIONAL DETERMINATION LINE WITHOUT FIRST ACQUIRING THE NECESSARY VARIANCES AND PERMITS.BOSWELL DESIGN SERVICES, INC.OFFICE : 4700 EAST HIGHWAY 80SAVANNAH, GEORGIA 31410912 - 897 - 6932LAHBOS@Bellsouth.netISDBMAILING : 103 NASSAU DRIVEUnit N, Suite 11. THIS DEVELOPMENT IS WITHIN FLOOD ZONE AREA "AE-11" ACCORDING TO F.I.R.M. COMMUNITY PANEL NUMBER 13051C0194G, MAP REVISED 8-16-18 (NAVD 88). 2. THIS SITE IS IN ZONE "AE-11" AND IS LOCATED WITHIN THE 100 YEAR FLOOD ZONE. 3. CONTRACTOR IS TO VERIFY FEMA ELEVATIONS PRIOR TO ANY CONSTRUCTION ACTIVITIES. FEMA MAP NOTES :Tybee Island, Georgia 31328Observation Gazebofor2101 U.S. Highway 80Savannah, Georgia 31410Pat Mathews1 PERSON / 15 SF + 2 EMPLOYEES 432 SF / 15 SF = 28 OCCUPANTS + 2 EMPLOYEES = 30 OCCUPANTS GAZEBO = 163 SF = 2 EMPLOYEES PARKING = 672 SF - 163 SF = 509 SF 509 SF X 85% (TABLES AND CHAIRS) = 432 SF 7. 9 1 MAR S H GRA S S LIN E PLA T T E D DNR J L I N E 8-2 7 - 2 0 LAKELAND CHIPLEY R100.00'WELL 25.0 ' U.S. HIGHWAY 80 DNR LINEPROPOSED GAZEBO 11.0' 5.0'18.5'16.0'23.6'18.7'5.0'CONCRETE SIDEWALK AND H.C. PARKING WITH WHEEL STOP 5' WIDE CONCRETE ADA HC ROUTE AT 2.5% 5.0' PROPOSED LIFT STEPS - SEE BLDG. PLANS 6.6'5.0'3.6' 24.0'28.0'H.C. PARKING / ACCESS SIGN LOCATION PARKING FOR GAZEBO18.6'13.9'3' SHOULDER AT 1% 25' TYBEE BUFFER 25' TYBE E B U F F E R 10.9'5.0'CHARTER BOAT DOCK PARKING AREAEXISTING DUMPSTER PORTABLE H.C. ACCESSABLE REST ROOM BIKE RACK PROPERTY LINE PROPERTY LINE UNDERGROUND ELECTRICAL SERVICE FOR LIFT ELECTRIC METER AND PANEL DIRECTIONAL SIGN FOR DIRECTING FOOT TRAFFIC TO GAZEBO DIRECTIONAL SIGN FOR DIRECTING FOOT TRAFFIC TO GAZEBO DIRECTIONAL SIGN FOR DIRECTING FOOT TRAFFIC TO GAZEBO DIRECTIONAL SIGN FOR DIRECTING FOOT TRAFFIC TO GAZEBO DIRECTIONAL SIGN FOR DIRECTING FOOT TRAFFIC TO GAZEBO PARKING AREA DIRECTIONAL SIGN FOR DIRECTING FOOT TRAFFIC TO GAZEBO PARKING AREA DIRECTIONAL SIGN FOR DIRECTING FOOT TRAFFIC TO GAZEBO PARKING AREA DIRECTIONAL SIGN FOR DIRECTING FOOT TRAFFIC TO GAZEBO PARKING AREA DIRECTIONAL SIGN FOR DIRECTING FOOT TRAFFIC TO GAZEBO PARKING AREA DIRECTIONAL SIGN FOR DIRECTING FOOT TRAFFIC TO GAZEBO DIRECTIONAL SIGN FOR DIRECTING FOOT TRAFFIC TO GAZEBO PARKING AREA DIRECTIONAL SIGN FOR DIRECTING FOOT TRAFFIC TO GAZEBO DIRECTIONAL SIGN FOR DIRECTING FOOT TRAFFIC TO GAZEBO DIRECTIONAL SIGN FOR DIRECTING FOOT TRAFFIC TO GAZEBO 2-2-21DATE : February 2, 2021- Page 37 -Item #3. - Page 38 -Item #3. - Page 39 -Item #3. - Page 40 -Item #3. - Page 41 -Item #3. - Page 42 -Item #3. - Page 43 -Item #3. - Page 44 -Item #3. - Page 45 -Item #3. - Page 46 -Item #3. - Page 47 -Item #3. - Page 48 -Item #3. File Attachments for Item: 4. Agenda Request: Coco's Tybee Island LLC dba Coco's Sunset Grille: Alcohol and Entertainment License; Liquor/Beer/Wine/Sunday Sales - Page 49 -Item #4. - Page 50 -Item #4. - Page 51 -Item #4. - Page 52 -Item #4. - Page 53 -Item #4. - Page 54 -Item #4. File Attachments for Item: 5. Water/Sewer Utility Rate - Page 55 -Item #5. - Page 56 -Item #5. - Page 57 -Item #5. - Page 58 -Item #5. - Page 59 -Item #5. - Page 60 -Item #5. - Page 61 -Item #5. - Page 62 -Item #5. - Page 63 -Item #5. File Attachments for Item: 6. Second Reading: 2021-02, Septic to Sewer - Page 64 -Item #6. 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 65 -Item #6. 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 66 -Item #6. ADOPTED THIS ____ DAY OF _________________, 2021. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: - Page 67 -Item #6. File Attachments for Item: 8. Nancy DeVetter: Sec 7-050 - Tree Removal Requirements and Sec 7-090 - Penalties for unlawful tree removal - Page 68 -Item #8. - Page 69 -Item #8. - Page 70 -Item #8. File Attachments for Item: 10. 20210125-PC-MINUTES - Page 71 -Item #10. PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Ron Bossick Charles Matlock Elaine T. McGruder COMMUNITY DEVELOPMENT DIRECTOR David McNaughton George Shaw J. Whitley Reynolds Alan Robertson CITY ATTORNEY CITY ATTORNEY Edward M. Hughes Planning Commission Meeting MINUTES January 25, 2021 Chair Demery Bishop called the January 25, 2021 Tybee Island Planning Commission meeting to order. Commissioners present were Charles Matlock, Elaine T. McGruder, J. Whitley Reynolds, Vice Chair Ron Bossick and David McNaughton. Alan Robertson was absent. Consideration of Minutes: Chair Bishop asked for consideration of the December 21, 2020 minutes. Vice Chair Ron Bossick made a motion to approve. Commissioner Elaine McGruder seconded. The vote to approve was unanimous. Chair Bishop stated he would like to thank Alan Robertson and Charles Matlock for their service on the Planning Commission for the last couple years. 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: Site Plan: approval for a gazebo/water craft rental on the north side of the Hwy 80 Bridge – 2101 Hwy 80 – 40024 02001 – Zone M-D – Patrick Mathews. George Shaw stated the applicant owns approximately seven acres of land on lazaretto creek facing both sides of the highway. He would like to put the Gazebo on the Savannah River side which is the north side of Highway 80 and the parking would be on the south side of Highway 80. He showed a plan of the structure on a power point presentation. He stated the applicant would like to rent kayaks and other water crafts. George Shaw also stated this type of structure requires very little parking, which he will have plenty on the south side of highway 80. He will also have portable restrooms at the site which is acceptable with Chatham county codes. He also stated the City Engineer is good with the site not needing a drainage plan. Commissioner McGruder asked how high the structure will be. George Shaw stated that is not on the plan but he cannot go higher than 35 foot. Commissioner Matlock asked if there was going to be power at the structure. George Shaw stated he has not stated weather he needs power at the site. Commissioner McNaughton asked if there was adequate room on the north side to park. George Shaw stated there will only be a handicap space on the north side. Commissioner McNaughton asked if there would be adequate signage so people will not cross highway 80. George Shaw stated signage is not required for site plan review, but this is a reasonable request. Commissioner Matlock asked if there was any fencing. George Shaw stated not at this time. Patricia Leiby - Page 72 -Item #10. who lives at 812 Butler Avenue, Tybee Island approached the Planning Commission and stated she had knowledge there was a cistern on this property that was historic. She stated she was able to find out where it was located in relation to this site proposal. The cistern will not be anywhere near this proposal. Dottie Kluttz who lives at 1 Officers row, Tybee Island approached the Planning Commission and stated she would like to make sure this structure does not go any higher than 35 feet. And is there any future plans for more on the site. Patrick Mathews who owns the property approached the Planning Commission and stated he is only wanting to rent kayaks, Paddle boards and a sitting deck like Gazebo. He stated he will do everything to code and he will have adequate signage. Commissioner Reynolds thanked Patrick Mathews the applicant for providing another area near the water for the public to visit. Commissioner McNaughton asked if the lift shown on the site plan was for the kayaks. Patrick Mathews stated that is for the handicap parking space. Commissioner McNaughton stated then you will need power and power is not shown on these plans. Patrick Mathews stated yes I would need power to that lift, there is no power there now. George Shaw stated that should be shown on the plans. He stated he thought it was just going to be a ramp. Susan Hill who lives at 137 Lewis Avenue approached the Planning Commission and asked how many kayaks will be kept there and how would he be keeping them from floating away. Patrick Mathews stated he would have around six and he will make sure they are strapped down or moved to a different area of his property. Commissioner Reynolds made a motion to approve. Commissioner McGruder seconded. Commissioner McNaughton asked if a condition can be added for the signage and electrical to be on the site plan and brought back to Planning Commission in February. Chair Bishop asked Commissioner Reynolds if he would like to amend his motion with Commissioner David McNaughton’s comments. Commissioner Reynolds stated those are not necessary for a site plan review and usually are addressed in the field. He stated he would not change his motion. Chair Bishop asked Commissioner McNaughton if the change can be done on the site plan before it goes to City Council February 11, 2021 instead of it coming back to Planning Commission. Commissioner McNaughton stated he would be satisfied with that. Commissioner Reynolds stated he doesn’t like it but would agree. Commissioner McGruder stated she would be ok with the change also on her second motion. “Amended Motion to approve would read to include signage for parking and any and all required electrical would be included prior to City Council meeting February 11, 2021.” Motion to approve was unanimous. Adjournment: 8:00pm Lisa L. Schaaf 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. - Page 73 -Item #10.