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@ @ITEM 2004 -02 -26 City Council Minutes - CORRECTED
Mayor Walter Parker called the February 26, 2004 City Council meeting to order at 7:02
PM. In addition to Mayor Parker, Council Members Paul Wolff, Jack Youmans, Shirley
Sessions, Jason Buelterman, Eddie Crone and Mallory Pearce were present. Edward
Hughes, City Attorney and Bob Thomson, City Manager, were also present. Mayor
Parker welcomed everyone to the meeting.
Henry Levy gave the invocation and everyone recited the Pledge of Allegiance.
Mayor Parker said he would like to begin by making a presentation to April Moore, who,
as everyone knows, runs the Fire Department. Parker read the Resolution for Ms.
Moore's volunteer work and commitment to Tybee Island. He said she had been
responsible for the highly successful blood drives. Mayor Parker thanked Ms. Moore for
her work. Council Member Sessions reminded everyone of the upcoming blood drive on
Thursday, March 4th from 2 to 8 PM here at City Hall. Sessions said the ladies of St.
Michaels will provide the goodies and the YMCA will provide childcare for those with
children.
Todd Townsend, Director of Municipal Division of Central Parking Corp. in Nashville,
Tn. spoke and gave a brief presentation of his company. He said his company was a
service company in the parking management industry. He explained how his company
would benefit the city and said they specialized in parking garages, surface lots and
recently city lots. He said they managed parking in Wilmington, N.C., Virginia Beach,
Va., Ft. Meyers, Fl., and Daytona Beach, Fl., just to name a few. He said parking was the
largest business in the country, second only to gambling. Townsend explained that the
current city employees would become employees of his company. They would receive
salary and benefits equal to or better than they had now. He said their main objective is
customer service. Every city that they had managed had seen a profit in their parking
revenue. Townsend said although he could not guarantee that, it had been done. There
were some questions regarding employee benefits, retirement, seniority and salaries.
Mayor Parker said these sorts of details would be worked out later. Buelterman said
about 6 or 8 months ago, the previous Council voted to look at privatizing our parking.
Youmans said he didn't remember that but remembers talking about a consultant.
Sessions said we should get an analysis comparing outsourcing versus in house.
Kathryn Williams speaking for the Tybee Beautification Assn. reminded everyone of the
Adopt a Highway Clean-up this Saturday, February 28, 2004 at 9:00 AM. Everyone is
asked to meet at the Tybee sign. She said they had distributed flyers in the schools,
Spanish Hammock and to the MRS members. Williams said this clean-up is very critical
because it is still cool and the snakes won't be out yet, and the volunteers could get up in
the bushes to pick up litter. She said the next clean-up will be a lot warmer and they
won't be able to get in the bushes and underbrush because of the danger of snakes.
Claire Price requested $15,000 for additional Christmas decorations. She said if we buy
the decorations now we can get $30,000 worth for half. Price said the residents and
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business owners more than matched what the City spent last year on the decorations. She
said the new decorations have been carefully stored in a container and will be taken care
of. Price said she plans to concentrate on City Hall, the Parking Services area and buy 10
more skylines. Parker said Price had done a great job and said this will taken up at the
proper time.
Claire Price told the Council members that she had been contacted regarding the
playground equipment needed for the park. She said we had received $25,000 from a
Grant and wanted to know how much money we were receiving from the SPLOST funds
and when we would receive this money. Thomson said he had already shared this
information with Price. Thomson said we would receive $150,000 over the next 60
months and he would work with Price. Price then requested the Council members review
the Special Event Application packet and perhaps adopt it at the next meeting.
Jim Stone, a Tybee resident and architect, addressed the Council with a draft proposal for
the Lazaretto Creek Bridge widening proposal. Stone said Thomson had approached him
and asked him to draft a plan for the bridge. He showed a draft with 4 traffic lanes and 1
12 ft. lane for pedestrians, bikes and other human powered vehicles. Stone said he saw
this as a gateway to the maritime area. Buelterman thanked Stone for working on this
project and said the City certainly supports this. Sessions asked what the time frame was.
Thomson said construction would not start until 2008 or 2009, but DOT needs to know
now so that plans can be made. Thomson said, because of the emphasis on pedestrians
and bicyclists, we would be eligible for 80% federal funding. Youmans said we have
been trying to get Highway 80 4 -laned for so long; he hates to see it slow down because
of this. Thomson said it wouldn't be slowed down if we let them know now. Stone said
with the level of enthusiasms there is no concern. People are behind this project and if
we make it look real they will understand. Henry Levy said he didn't believe we needed
bike lanes on both sides of the bridge. He said he would like to see a fishing lane on one
side. He said there is no place for people to fish now. Stone said the height of the bridge
is a concern as far as fish from it is concerned. Stone said the bridge would be 7 feet
higher that it is now. Sessions said what happens if people don't want Highway 80
widened. Parker said the plans are already in place to widen the highway. Buelterman
said if we are going to do this let's make it in the best interest for all concerned.
Mayor Parker open the meeting for the business legally presented.
Parker said the money requested for Christmas decorations would require a budget
adjustment. Thomson agreed. Sessions said she was all for Christmas but she did have
some concerns. Sessions asked what the budget was last year. Parker said there was no
money for decorations is last year's budget. Thomson said that money came from the
Reserve Fund. Youmans said money was in the budget for Christmas bonuses and such,
but none for decorations. Sessions said she would like to know what the City spent, what
the match was and the total spent for last year. Price said the City spent $17,000,
including some money that was unspent from a previous budget, $17,056 was matched
funds, and the total was $34,056. Youmans said if we have an opportunity to buy
#30,000 worth of decorations for $15,000 he thinks we ought to do it, and motioned to
approve and Pearce seconded. Buelterman said, he thought when we bought the
decorations last year that it was a long -term solution and he would like to see that money
spent on infrastructure. Vote was 4, Wolff, Youmans, Crone and Pearce, in favor and 2,
Sessions and Buelterman, opposed.
Wolff motioned for approval of the Resolution in support of bike lanes on the Lazaretto
Creek Bridge, Pearce seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone and
Pearce, in favor and 1, Youmans, opposed.
Paul Wolff reviewed the proposal for 4 -year staggered terms. He said this would be 2nd
reading on a resolution to request the legislature to have a referendum on the November
ballot. He said after the election of 2005, every 2 years we would elect 3 council
members for 4 -year terms. The Mayor's term would remain at 2 years. Youmans said if
we elect council for 4 years, we are stuck with them, and if we stay at 2 years, if we don't
like them, we can vote them out, we like them, we could re- elect. Several people from
the audience asked to speak, and Mayor Parker agreed. Henry Levy, Demetri Tsoulos
and Kathryn Williams were among the ones that spoke in opposition. Kathryn Williams
also wanted to know how much it would cost. Hughes said that to add to ballot was the
least of the expense. Getting the Legislature to pass would be the biggest problem.
Wolff said one of the reasons for the requested change is continuity at election time.
Youmans said he didn't think we had ever elected an entire Council but there was always
2 or 3 people re- elected. Parker said he felt the staff kept the continuity. Wolff motioned
for approval to take to Legislature, Pearce seconded. Pearce said he would like to make it
clear, that this would not affect this Council. Vote was 3, Wolff, Sessions and Pearce, in
favor, and 3, Youmans, Buelterman and Crone, opposed. Mayor Parker broke the tie by
voting against the Resolution.
Pearce motioned for approval of the minutes for the February 12, 2004, City Council
meeting, Buelterman seconded. Vote was unanimous.
Mayor Parker said that Dee Anderson and Chuck Bargeron requested, that since they
attend the first meeting of the month, their report be given at that time. Council agreed.
Chief of Police, Jimmy Price, asked Council to approve the amendment to the Parking
Lot Ordinance, Sec. 10 -1 -43 Misuse of City Parking Lots. Price said this would give
the Police Department another tool to control activities in the lots. He said Hughes had
the ordinance. Pearce motioned for approval on 1st reading, Wolff seconded. Vote was
unanimous.
Price gave a brief update on the 911 System. He said everything was on schedule and
should be completed by mid -April. He said we would have our own system, which will
have a much quicker response dispatch time. Hughes asked if Chatham County was
aware that we were installing our own system. Price said yes and this would bring in
$18,000 revenue that would pay for the cost involved. He said there was a $7500 cost. to
set up the system. Price said all of this had been included in the budget.
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Mark Williams, Director of Water /Sewer Department, gave a report on activities in that
department to Council. A copy of his report is attached and becomes a part of these
minutes. Buelterman asked if revenue for Aid to Construction was being accounted for
in the correct line item. Williams said he was not sure but would find out. Williams said
the Butler Avenue water line plans were about 50 to 60 % competed. He said they plan
to start in May or June and would be done in sections so as to have as little impact on the
season as possible. Sessions asked about the water pressure on the South end of the
Island. Williams said he was there when the test was run and there was no problem. He
said he felt it was all the old pipes in the homes, which were causing the problems.
Buelterman said he had talked about the annual tree planting. He said at the last meeting
Youmans voiced some concerns and he and Youmans had gone to the site at Jaycee Park
and Youmans was satisfied with where the trees were to be planted. The planting is
scheduled for March 6, 2004 and he would like to see as many volunteers as possible
participate. Buelterman motioned for approval, Peace seconded. Vote was unanimous.
Buelterman said at the last meeting, a Gym Committee had been named. He said he
would like to make the employees of the YMCA who are members of the committee, ex-
officio non - voting members. Buelterman said they could be the recipients of some
benefits that would be inappropriate. Youmans motioned for approval, Pearce seconded.
Youmans said the Director of the Tybee Y is also the Recreation Director for Tybee and
she should have a vote. Two members, Pat Locklear and Susan Pinkston, were said to be
on the Board of Directors of the Y. Buelterman said they would not receive any benefits
and he was only saying the Y employees. Vote was 5, Wolff, Sessions, Buelterman,
Crone and Pearce, for approval, and 1, Youmans, opposed.
Buelterman said he knew this was not on the Agenda but he had just received this
information at the beginning of week. He said in the President's Federal Budget for
FY2005, there is 0 dollars for Tybee Island Beach renourishment. He would like to
propose a draft resolution to send to Congress saying we would like them to put that
money back in the budget. Buelterman so moved, Pearce seconded. Vote was
unanimous. Parker said he would like to point out that he was in Washington the first of
the week and talked to all of our representatives and others. He said they all are aware of
the need for renourishment funds. He said he also met with Senator Laughtonburg from
New Jersey and he is pushing hard for legislation to reinstate some of the funding. They
all know our needs right on through 2007, when there is major renourishment scheduled.
Parker said he thought we would see funds reinstated in the budget, as they have been for
the last 3 years.
Wolff said at the last Beach Task Force meeting, the new head of the DNR said that if the
City of Tybee will adopt a beach management plan, we could take more control on the
way the sand is managed. Wolff said he was speaking particularly about the sand in front
of the Ocean Plaza. He said the sand that builds up in that area, covering the crossovers,
could be moved to an area that needed sand. We could have pre - approval and wouldn't
have to wait each time we wanted to move sand. Wolff motioned to have the City work
with the DNR and Beach Task Force to develop a beach management plan under the
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auspices of the City of Tybee Island, Pearce seconded. Sessions said she was not sure of
what this proposal was saying. Wolff explained that this would give us prior approval
from DNR, as an example, to move sand to a location where it was needed. Anything
done would be under DNR's guidelines. Parker said he thought it would enhance our
ability to manage the beach, which we do not have now. Youmans said that sand was
just 2 items, and all the rest was parking, rules and regulations, business and license,
permits and signage. Parker said it would include these things but is not limited to them.
Youmans asked who was going to do this, us or them. Buelterman asked Lou Off,
Chairman of the Beach Task Force, if he recommended we do this. Off said he believed
the important thing was to tie anything we do into the Master Plan. Off said there is no
one place people can go to and find out about parking, beach rentals, dune crossovers,
restrooms and other beach oriented things. He said DNR would define sand dunes,
crossovers and that sort of thing and Public Works will be involved in a lot of it. Off said
the important thing is that the City of Tybee Island backs it and assigns a City employee
to coordinate this. Off said people are concerned that the sand dunes are building up and
taking away part of the beach. He said Brad Gaines will be in charge of coastal
engineering and he will help us, possibly, get some grant money. Off said the Beach
Task Force would help in any way they can. Sessions said she still had a problem with
the City having the final judgment on managing the sand. Off said that now, anytime
we want to do any thing on the beach, we have to get a permit from the Corp of
Engineers and the DNR. This will allow us to get pre - approval, under their guidelines, so
we don't have to wait for all the approvals at the time we want to do the work. Vote was
unanimous.
Wolff said he did not want to make any fundamental changes without the services of a
professional planner but wanted as much public input as possible. He said that, as
everyone knew, there were some gaping holes in the current Land Development Code
and he would like to submit the follow changes to the Planning Commission to discuss in
public forum and then send back to Council for approval. Wolff said the first one is
Driveways Sect. 3 -080 E Wolff said he would like to require all driveways to be of
pervious concrete. Youmans said he thought we ought to leave all of this alone until we
get a planner. Wolff said all he would like to do is plug a few holes and not make any
major changes. Wolff said he would go through the other proposals very quickly. The
next is setbacks and where the lot line is measured from unbuildable areas, such as
wetlands, beach, marsh and areas such as this, to require the setbacks be measured from
the nearest buildable ground. Wolff said Guest Cottages was the next item and Chuck
Bargeron had mentioned this. He said he would like to see it changed to allow a guest
cottage or mother -in -law only if the lot is large enough to sub - divide. Wolff said the last
item and the most time sensitive is marina parking. He said his suggestion in Sect. 3 -080
C 4 (3) is to require 1 space for each 20 linear feet of recreational dock space, 1 space per
boat and 1 space for crew for each commercially leased dock space and 1 space for each
4 seats for charter passengers. He said there is no parking requirement for the Maritime
District or the Neighborhood Marina District and he feels this should be addressed as
soon as possible. Parker said that he thought these should be put in a priority order and
given to the Planning Commission. Wolff motioned to prioritize these items and send
them to Planning Commission for public discussion, Pearce seconded. Sessions said she
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was not real familiar with guest cottages but she had received several calls about rental
houses in residential areas. Sessions said there is no ordinance requiring parking for
these houses and large numbers of people rent them and parking is a real problem.
Sessions asked if this was in the same area as guest cottages. She said she thought we
should address the whole parking thing. Parker suggested that be added to the other
items. Buelterman said his concern was the heavy load on the Planning Commission
now. Parker said that is why these items were being prioritized. Buelterman said he
thought that was what a planner would do. Youmans suggested that this be postponed
until we had a planner. Pearce said these items were not really time sensitive. Priority
order was Marina Parking, Setbacks and Driveways. Mayor Parker called for a vote.
Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, in favor, and 1, Youmans,
opposed.
Pearce said at the last Council meeting, an Environmental/Eco- Tourism Committee was
authorized. Their first meeting was last night, February 25, 2004 and they have some
recommendations. Pearce said they elected Paul DeVivo as Chairman and he has a report
for Council. Youmans said that he was not on the Agenda. DeVivo said he would just
take a minute. DeVivo said there were 10 members present and some very aggressive
ideas. He said they would like to establish an Island Wide Bike/Nature Trail. DeVivo
said he hoped to present a plan very soon. He said he would like the Council to not sell
or trade any City owned property until the committee can complete a plan and see
whether any of that City property can be used for this trail. He said this is to exclude the
negotiations that are on going with the Sally Pearce Nature Trail. Parker asked how
much time did they need. DeVivo asked for 60 days. Pearce motioned for the 60 -day
refrain from selling any City property, excluding the negotiations for the Sally Pearce
Nature Trail, Wolff seconded. Sessions asked if this was legal, to vote on something like
this that was not on the Agenda. Parker said we do it all the time. Sessions said that we
should ask Hughes. Hughes said he would rather it be put on the agenda for the next
meeting. Parker said this wouldn't stop them from working on it in the meantime.
Pearce said he would accept that advice and no one would sell any property before then
anyway. Pearce asked the committee to be prepared to report any information obtained at
the next Council meeting, also. Sessions said she understands the Pearce Nature Trail is
applied for and would like to know if there were any other applications. Hughes said
there was one on Estill Avenue, which should come to Council at the March meeting.
The Clerk said there were 2 others that have been applied for but have not come to
Council yet. Sessions asked if they had completed the process and Clerk answered no,
we are waiting on information from DPW and Water /Sewer Department. Buelterman
said at the last meeting, they had passed a motion for these request to go to the Planning
Commission before coming to Council. Buelterman asked Hughes if this required a text
amendment. Hughes said yes it should because we have an ordinance on the books that
covers this. Hughes said since this ordinance is in the Municipal Code and not the Land
Development Code, advertising will not be necessary and we can put on the agenda for
March 11, 2004 meeting.
Pearce said he would like to make a personal announcement. Pearce said his wife, Julia,
is a nurse and is going to Africa to medical mission for 2 weeks in April. He said she is
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trying to raise funds for travel and medical supplies. There will be a fundraiser at
Fannie's from 3 to 6 PM this Sunday.
Thomson, City Manager, said we have an Audit Committee who is to serve as an
independent buffer between management and the audit and financial firms who do the
auditing. Thomson said we have had the same auditing firm, Karp, Ronning & Tindol for
over 5 years. He said they had said it is good idea to send out request for proposals for
auditing services about every 3 to 5 years. Thomson said this would also free up Chris
Lightle to provide management services as they are prohibited to provide both auditing
and management services. Thomson asked for a motion to send out the request as soon
as possible. Wolff so motioned, Pearce seconded. Vote was 4, Wolff, Sessions,
Buelterman and Pearce, for approval, and 2, Youmans and Crone, opposed. Crone asked
how much this was going to cost. Parker and Thomson explained that this was just a
motion to send out request for proposals to other auditing firms. Sessions asked which
kind of audit, regular or detailed. Thomson said we can put what we want in the proposal
and he would make sure the members of the audit committee understood. Parker said
since there was some misunderstanding, he would call for the vote again. Vote this time
was 5, Wolff, Youmans, Sessions, Crone and Pearce, for approval, and Buelterman was
out of the room.
Thomson said Rainwater Gardens is something that perhaps should be coming from the
Environment/Eco- Tourism Committee, but he found it very exciting. He said this idea is
being used in places with detention ponds and the idea is to plant water loving plants
where water collects. He said in low -lying areas and swales, this would prevent drainage
water from draining on other's property. He told Council that he had provided some
information for their review.
Thomson said that 3 of the planning firms had responded to both the specific Lazaretto
Creek area and the scope of general planning. Thomson said 1 firm chose not to respond,
but offered a gratis review of the quality. He said since we didn't get the response until
the day before, he would recommend that Planning Commission review and recommend
which firm to choose at the next Council meeting so we can move forward. Wolff so
motioned, Pearce seconded. Sessions said since there was so much information, she
would like to have it in a simpler format. Thomson answered yes, he will have the
company provide an executive summary with pros and cons for Council's review.
Buelterman asked if this would cost any money and Thomson answered no. Vote was
5, Wolff, Sessions, Buelterman, Crone and Pearce, in favor, and 1, Youmans, opposed.
Wolff motioned for approval of a Text Amendment for Sect.4 -050 Cl District on 2"d
Rdg., Pearce seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, in
favor, and 1, Youmans, opposed.
Pearce motioned for approval of a Text Amendment for Sect. 2 -3 -30 Beach Task Force
on 2' Rdg., Sessions seconded. Vote was unanimous.
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Pearce motioned for approval of establishing an Audit Committee Sect. 2 -3 -31 on 2nd
Rdg., Wolff seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, for
approval, and 1, Youmans, opposed.
Pearce motioned to go into Executive Session to discuss litigation, real estate and
personnel, Wolff seconded. Vote was unanimous.
Pearce motioned to return to regular session, Buelterman seconded. Vote was
unanimous.
As there was no further business, Mayor Parker adjourned the meeting.
Diane Sikes
Clerk of Council
alter W. Parker
Mayor
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STATE OF GEORGIA )
COUNTY OF CHATHAM )
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer, duly authorized to
administer oaths, Voi L1M ►,, Awal e , who after being duly sworn, deposes and on oath
states the following:
(1) I was the presiding officer of a meeting of the Tybee Island City Council held on the
�z 6 day of Ae g,'..s , 2003: tD 7 1)-
(2) That it is my understanding that O.C.G.A. ' 50- 14 -4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to subsection (a)
of this Code section, the chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the meeting a notarized affidavit
stating under oath that the subject matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions provided by law and
identifying the specific relevant exception.
(3) The subject matter of the closed meeting or closed portion of the meeting held on the
7-6 of f - r ► , - , which was closed for the purpose(s) of
e.�l allowed by O.C.G.A., Title 50, Chapter 14, was devoted to
matters within those exceptions and as provided by law.
(4) Any unrelated matters which were mentioned or attempted to be offered for discussion
during the closed portion of the meeting were ruled out of order and not discussed.
(5) This affidavit is being executed for the purpose of complying with the mandate of
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O.C.G.A. ' 50- 14 -4(b) that such an affidavit be executed.
Thia 2c day of �,Q, ,` D o
Sworn to and subscribed
befo e me thisV'day
of , -24037- 0 p 1).-
Notary Public
LL)
DIANE J. SIKES
Notary Public, Chatham County, GA
My Commission Expires July 8, 2007
g:\common\emh\14536\affiday.02
Mayor/Presiding Officer
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RESOLUTION
RESOLUTION in support of a separated and dedicated bicycle and pedestrian lane for
the proposed Lazaretto Creek Bridge expansion.
WHEREAS, The Georgia State Department of Transportation has the potential to obtain
Federal funding to incorporate multi -use lanes into the proposed expansion of the
Lazaretto Creek Bridge on U. S. 80 Highway, and;
WHEREAS, The City of Tybee Island enthusiastically endorses such multi -use lanes to
provide for the safety of bicyclists and pedestrians who will use of the bridge to access
the McQueen's Island Rail Trail from Tybee;
THEREFORE, be it resolved this 26th Day of February, 2004 by the Mayor and
Council of the City of Tybee Island in open meeting duly assembled supports the
Georgia State Department of Transportation to design and build the Lazaretto Creek
Bridge for not only motorized vehicular traffic, but for the safety of bicyclists and
pedestrians as well.
Adopted this opccop day of February, 2004.
Walter W. Parker, Mayor
Clerk of Council
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Prior to the adoption of Ord. 2004 -03 2 -3 -30 on 01/08/2004, Section 2 -3 -30 read as follows.
Section 2 -3 -30 Beach Task Force
(A) CREATION AND PURPOSE: There is hereby created a commission to be know as the Tybee
Island Beach Task Force for the purpose of promoting the health, safety, morals, convenience, order,
prosperity and general welfare of the City and to provide recommendations to the Mayor and Council of
the City regarding issues affecting the beach including but not limited to beach erosion and
renourishment, and to perform the functions and duties stated herein.
(B) NAME: The name of the committee shall be The Tybee Island Beach Task Force and is
hereinafter referred to as the Task Force.
(C) MEMBERSHIP: The Beach task Force shall consist of not less than ten (10) nor more than
twenty (20) members appointed by the Mayor and Council, such appointees being selected on the basis
of their knowledge and interest in protecting and promoting the natural characteristic of Tybee Island,
especially its beaches and shorelines, to serve three (3) year terms
(D) FUNCTIONS AND DUTIES: The Task Force shall
(a) Promote the beach preservation and maintenance
(b) Promote beach renourishment
(c) Promote prevention of shoreline erosion
(d) Serve as a consultant body on beach and shoreline issues
(e) Assist other entities in promoting the preservation of the ecology and
natural beauty of Tybee Island
(f) Report on Task recommendations to the Mayor and COuncil.
(g) To perform other duties related to the above functions as may be directed by
the Mayor and Council or by the City Manager
(h) .Lobby state and federal entities behalf of 1 bees be .c11
(E) ADMINISTRATION: The Task Force shall elect one of its members as chair and one member
as vice chair and may elect as its secretary one of its own members or, with he approval of the Mayor and
Council, may appoint as secretary an employee of the City.
(F) RULES OF PROCEDURE: The Task Force may establish such rules, bylaws and regulations
not inconsistent with the City Charter, Ordinances of the City, or law, as it deems appropriate and
necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such rules, bylaws,
and/or regulations shall be filed with the Clerk of Council.
(G) MEETINGS: Meetings of the Task Force shall be scheduled as directed by chairman or the
membership. All meetings shall comply with the Georgia Open Meetings Act. (Ord 2001 -10;
5/10/2001)
(Ord. 2001 -05; 3/8/01)
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Section 2 -3 -31 Audit Committee
It is hereby ordained by the governing authority of the City of Tybee Island, duly assembled, as
follows:
Pursuant to Section 100 -3 -11 of the Charter of the City of Tybee Island, there is hereby created
an Audit Committee by Ordinance to be numbered Section 2 -3 -31 entitled, "Audit Committee ".
Section I. Creation and Purpose:
There is hereby created a committee to be known as the "Audit Committee of the City of Tybee
Island" for the purpose of enhancing the financial statement auditor's real and perceived independence
and to provide a direct link between the auditor and governing body and to facilitate communication
between the governing body, the auditors and management. Further, the Audit Committee should play an
advisory role to the governing body; however, it should not interfere with performance of the auditor's
duties.
Section II. Membership:
The Audit Committee shall consist of no less than five nor more than seven members appointed
by the Mayor and Council, such appointees being selected on the basis of their knowledge and interest in
the financial planning and accounting principles.
Section III. Functions and Duties:
The Audit Committee shall:
(a) Oversee the independent audit of the City's financial statements from making
recommendations on the selection of independent auditors to the resolution of findings or issues;
(b) Review the reports of any internal auditors (as opposed to independent) as well as
any internal audit work plans;
(c) Annually present a report to the Mayor and Council and City Manager of its
activities and its recommendations and/or findings.
Section N. Administration:
The Audit Committee shall elect one of its members as chair and one member as vice chair and
may elect as its secretary one of its own members.
Section V. Rules of Procedure:
To the extent the Audit Committee deems it appropriate, it may adopt bylaws, rules and
regulations not inconsistent with any provisions of the Charter or Ordinances of the City or other law.
Copies of any such rules, bylaws, etc. shall be filed with the Clerk of Council.
Section VI. Meetings:
Meetings of the Audit Committee shall be scheduled as directed by the chairman or the
membership and all meetings shall comply with the Georgia Open Meetings Act.
(Ord. 2004 -05, Add, 02/26/2004)
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4 -050
ORDINANCE NO.
It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting
assembled, that the Tybee island Code of Ordinances, Title 8 Land Development Code, Article ,
Section(s) _, be _ to read as follows:
Correcting typos in MD section
Section 1. Section 4-050 is hereby amended to read as follows
4-050 DISTRICT USE REGULATIONS
(A) R -1 Residence District. This land use district is established to minimize development densities in
certain portions of the island so as to prevent overall development on the island from exceeding
its environmental carrying capacity. Also, to provide for quiet, livable, low- density single family
neighborhoods including compatible and supporting low impact educational, religious, and
public institutions, as well as limited provisions for bed and breakfast operations. The character
of development in these areas is oriented for permanent residents. This district shall remain
single family residential with some light family oriented service uses. Commercial and industrial
uses are incompatible with this district.
(1) Uses Permitted by Right. In a R -1 residence district, land may be used and buildings or
structures may be erected or used for the following purposes:
a. Single - family dwellings,
b. Non - habitable accessory buildings,
c. Public utility structures,
d. Home business offices; and,
e. Public community buildings, libraries, recreation centers and museums.
(2) Uses Permitted after Special Review. In an R -1 residence district, land may be used and
buildings or structures may be erected or used for the land uses listed below after a
hearing has been held by the planning commission and the Mayor and Council has
granted approval at a scheduled meeting.
a. Bed & Breakfast, residential,
c. Primary and secondary schools,
d. Nursing homes and ancillary activities,
e. Public parks and neighborhood playgrounds,
f. Churches, including Sunday schools or educational buildings,
g. Schools of general education, including kindergarten and day nurseries,
h. Guest Cottages; and,
i. Home occupations.
(B) R -1 -B Residence District. In an R -1 -B residence district, land may be used and buildings or
structures may be erected or used for the purposes stated above in the R -010 residence district
regulations; the only distinguishing factor being one of density. [see Section 3- 090(1), "Schedule
of residential district dimensional requirements. "] The purpose of R -010 -B districts is to provide
a transition from R -010 to higher density development. This is intended to ensure adequate
infrastructure capacity and mitigate adverse impacts associated with more intensive land uses.
(C) R -2 One and Two Family Residential District. The purpose of this district is to provide for
affordable development of single family and duplex style development. This district is intended
for medium density residential neighborhoods which are quiet and liveable. This district
includes a mixture of one and two family homes with compatible educational, religious, and
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public institutions as well as limited home occupations.
(1) Uses Permitted by Right. In an R -2 residence district, land may be used and buildings or
structures may be erected, altered, or used for the following purposes:
a. Uses permitted in R -1 residence district; and,
b. Two - family dwellings, (see also subdivision regulations).
(2) Uses Permitted after Special Review. In an R -2 residence district, land may be used and
buildings or structures may be erected or used for the land uses listed below after a
hearing has been held by the planning commission and the Mayor and Council has
granted approval at a scheduled meeting.
a. Home occupations.
(D) R -T Residential Tourist District. The purpose of this district is to provide for areas where tourists
and residents are mixed. Development in this district is primarily residential; however, limited
accommodations are made for the housing of the tourist population visiting overnight, weekends,
weeks, or extended periods.
(1) Uses Permitted by Right. In an R -T residential tourist district, land may be used and building or
structures may be erected, altered or used for the following purposes:
a. Uses permitted by right in R -2 residence district only.
(2) Uses Permitted after Special Review. In an R -T residence district, land may be used and
buildings or structures may be erected or used for the land uses listed below after a site
plan has been submitted to the zoning administrator, a hearing has been held by the
planning commission, and the Mayor and Council has granted approval at a scheduled
meeting.
a. Apartment houses and condominiums exceeding two (2) units; and,
b. Bed and Breakfast Inns, exceeding five (5) units per lot subject to an approved site
development plan as required in Article 5 of this ordinance.
Neither a site plan nor special approval is required on internal changes to existing structures
unless it causes or.requires external changes to meet the requirements of this ordinance.
(E) C -1 Beach Business District. The purpose and intent of commercial districts is to provide central
locations for city business and services to meet the market needs of Tybee Island residents and
visitors. The focus of the C -010 Beach Business land use district is to provide for commercial
and residential land uses that support and complement recreational use of the beach and general
tourism of the island. The land uses permitted in this district provide for a substantial amount of
the island's employment base. The amount of C -010 acreage is directly proportional to the city's
economic activity. These land uses are designed to harness economic activity of the daytime
visitor as well as residents and overnight visitors.
Multi - family uses are not permissible in the following areas included within the C -1 beach
business district:
(a) On the lots abutting Butler Avenue on the east and west sides thereof, from 14th Street ,
commencing at its southernmost intersection with Butler Avenue, to Izlar Avenue at its
southernmost intersection with Butler Avenue.;
(b) On lots abutting Tybrisa Street on the north and south sides from Butler Avenue to Strand
Street; and;
(c) On lots on Strand Street abutting that street on the western boundary thereof from 14th Street
beginning at its northernmost intersecting point with Strand Street to 17th Street at its
northernmost intersecting point with Strand Street.
Notwithstanding the foregoing, multi - family residential uses shall be permissible on floors above
the first or ground floor of business establishments located in such areas.
(ORD. 2001 -24; 11108/01)(2003- 22;10- 09 -03)
(1) Uses Permitted by Right after site plan approval. In a C -1 beach business district, land may be
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used and buildings or structures may be erected or used for the land uses listed below
after a site plan has been submitted to the zoning administrator, the planning commission
has reviewed the site plan and made comments, and the Mayor and Council has granted
site plan approval at a scheduled meeting.
a. Apartments, condominiums, townhouses, guest cottages, hotels, motels, time shares,
tourist homes, bed & breakfast inns; plus single family, two family, three family, and
four family dwellings.
b. apothecary shops,
c. gift shops,
d. barbershops, beauty shops,
e. fmance, investment & insurance offices,
f. florist shops,
g. restaurants, concession stands,
h. commercial amusements, including amusement parks and other commercial games &
sports,
i. retail stores; and,
j. . public structures
(2) Uses Permitted after Special Review and Site Plan Approval. In a C -1 beach business district,
land may be used and buildings or structures may be erected or used for the land uses
listed below after a site plan has been submitted to the zoning administrator, a hearing
has been held by the planning commission, and the Mayor and Council has granted
approval at a scheduled meeting. At these public meetings, the proposed land is
reviewed under criteria for both site plan approval and special approval.
a. lounges and package shops, for the retail sale of malt and alcoholic beverages.
Neither a site plan nor special approval is required on internal changes to existing structures
unless it causes or requires external changes to meet the requirements of this ordinance.
(F) C -2 Highway Business District. The purpose and intent of commercial districts is to provide central
locations for city business and services to meet the market needs of Tybee Island residents and
visitors. The focus of the C -020 Highway Business land use district is to provide for commercial
land uses that support and complement the motorized consumer. C -020 Districts are intended for
location along arterial streets where the negative impacts of traffic congestion, noise, intrusions
into residential neighborhoods will be minimized.
(1) Uses Permitted by Right after site plan approval. In a C -2 business district, land may be used and
buildings or structures may be erected, altered or used only for the following purposes
once the required site plan has been reviewed by the Planning Commission and approved
by the Mayor and Council:
a. Service stations.
b. restaurants, including drive -in restaurants.
c. gift shops (goods sold within an enclosed building),
d. motels,
e. grocery stores,
f. tourist homes and Bed and Breakfast Inns.
g. parks, playgrounds and recreation facilities under the supervision of the city,
h. professional and business offices,
i. retail stores,
j. marinas; and,
k. seafood warehouses, retail and wholesale sales.
(2) Uses Permitted after Special Review and Site Plan Approval. In a C -2 highway business district,
land may be used and buildings or structures may be erected or used for the land uses
listed below after a site plan has been submitted to the zoning administrator, a hearing
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has been held by the planning commission, and the Mayor and Council has granted
approval at a scheduled meeting. At these public meetings, the proposed land is
reviewed under criteria for both site plan approval and special approval.
a. lounges and package shops for the retail sale of malt and alcoholic beverages,
Neither a site plan nor special approval is required on internal changes to existing
structures unless it causes or requires external changes to meet the requirements of this
ordinance.
(G) N -M Neighborhood Marina District. The purpose of this district is to reserve those waterfront areas
which have value for commercial land uses involving pleasure and commercial water craft. The
N -M district is intended to be used for neighborhood marina facilities with a modest scale of
operation. These facilities shall be developed so as to be compatible with any adjacent residential
properties and shall not be detrimental to persons or property on or off the site.
(1) General requirements. A site plan shall be submitted to the Planning Commission for review
and to the Mayor and Council for approval that meets the requirements of Article 5 and
contains the following information:
a. A document indicating the general operating hours of all activities to be included in
the marina and what safeguards are to be used to insure that the marina's
activities will not become or represent a nuisance or hazard to the surrounding
property owners or tenants thereof. Examples of additional subjects to be
covered shall include, but not necessarily be limited to, probable flooding,
erosion, fire, explosion and subsidence of the proposed buildings and structures.
(2) Design standards. The development plan shall comply with the following standards:
a. Access shall be located, designed and improved for safety, convenience, efficient
circulation, on the property and minimum interference with normal traffic flow
on adjoining streets. Driveways and curb cuts intersecting with public rights -of-
way shall be marked and shall not exceed a maximum width of thirty (30) feet.
Curbs, blockades, bumper blocks or other devices shall be used to control and
channel traffic, to separate pedestrian ways from vehicular ways, and to prevent
entry to and from adjoining streets except via a designated driveway.
b. Yards shall be provided as required for the adjoining districts and shall be
landscaped and improved in a manner appropriate to the residential character of
the adjacent district; provided, however, that a street front and residential side
setback be a minimum of five (5) feet when a six -foot minimum height solid
faced and continuous fence, or other structure with no openings shall be erected
and maintained. Any hedge and other screening structures shall screen the
adjoining property from the activities of the marina.
c. The structure(s) housing the activities of the marina shall not occupy more than forty
(40) per cent of the total lot area.
d. Only one principal use sign shall be visible from the adjacent public street. That sign shall
not exceed a maximum size of thirty-two (32) square feet in area nor eight (8)
feet in any outer dimension. Any sign if illuminated shall be externally lit, non-
flashing and containing no neon illumination. The maximum height of the sign
shall not exceed fifteen (15) feet above the average ground elevation of the base
of the sign or from the structure foundation to which it is attached. No sign shall
be located closer than five (5) feet to the property line or street right -of -way.
e. Plans for extensions and/or business expansion will be accompanied by a detailed
proposal and submitted to the governing body for approval prior to
implementation.
f. All structures built within this district shall comply with the same height requirements
specified in Section 3 -090 for R -020.
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(3) Uses Permitted by Right after Site Plan Approval. In a N -M Neighborhood Marina district, land
may be used and buildings or structures may be erected or used for the land uses listed
below after a site plan has been submitted to the zoning administrator, the planning
commission has reviewed the site plan and made comments, and the Mayor and Council
has granted site plan approval at a scheduled meeting.
a. Boat launching facilities,
b. Bait shops; and
c. Retail sale of boating provisions.
(4) Uses Permitted after Special Review and Site Plan Approval. In a N -M Neighborhood Marina
district, land may be used and buildings or structures may be erected or used for the land
uses listed below after a site plan has been submitted to the zoning administrator, a
hearing has been held by the planning commission, and the Mayor and Council has
granted approval at a scheduled meeting. At these public meetings, the proposed land is
reviewed under criteria for both site plan approval and special approval.
a. lounges and package shops, for the retail sale of malt and alcoholic beverages,
b. Restaurants,
c. Watercraft & equipment rental,
d. Watercraft sales & dry dock storage,
e. Wholesale & retail seafood sales; and
f. Machine repair shops.
Neither a site plan nor special approval is required on internal changes to existing structures
unless it causes or requires external changes to meet the requirements of this. ordinance.
(H) TBR Transitional Business- Residential District. The purpose of this district is to create an area,
contiguous with the commercial -Two (Highway commercial District) where residential,
professional, institutional and light business (i.e., certain kinds of convenience shopping, retail
sales and services) are permitted by right and can be intermixed and concurrently protect the
neighborhood from blight and slum conditions. This district shall only be established in older
sections of the community where intermixing currently exists and is found to be necessary and
desirable, creating a buffer zone between two districts of varying uses. It is further stipulated
that, when this provision is invoked for the purpose of allowing a residential use within the 200'
commercial strip, then the setbacks for R -020 contained in Section 3 -090 shall apply. All
commercial uses require site plan approval.
(1) Uses Permitted after Special Review and Site Plan Approval. In a TBR Transitional Business-
Residential district, land may be used and buildings or structures may be erected or used
for the land uses listed below after a site plan has been submitted to the zoning
administrator, a public hearing has been held by the planning commission, and the
Mayor and Council has granted approval at a regularly scheduled meeting. At these
public meetings, the proposed land is reviewed under criteria for both site plan approval
and special review.
a. Off -street parking lots, used by C -020 businesses, for the purpose of meeting the
minimum parking requirements as specified by this ordinance.
(I) PC Public Parks- Conservation District. The purpose of this zoning district is to create an area or
areas to be conserved for public use, to preserve areas established by tradition and custom for
public use, and to prevent development of these areas for other than approved public and/or
municipal use. Permitted Uses include Parks- public, playgrounds; ballfields and/or sports arenas,
picnic facilities, public schools, public libraries, public parking and municipal
buildings /structures, other public uses as approved by the governing body of the city.
(J) EC Environmental- Conservation District. The purpose of this district is to protect the
ecologically sensitive areas of Tybee Island and to limit the active development to those uses
which are compatible with natural limits of the land. No building permit can be issued for
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either a use permitted by right or a use permitted after special approval until the proper
State and Federal permits have been acquired by the applicant.
(1) Uses Permitted by Right. In a EC environmental conservation district, land may be used and
structures may be erected or used for the following purposes:
a. Growing of Gardens; and,
b. Piers, Docks, and Wharfs.
(K) PUD Planned Unit Development District. The existing Planed Unit Development Districts, at the
time of the adoption of this ordinance shall remain. No further Planned Unit Development
Districts shall be created. The existing planned unit development districts are Northshore
Subdivision,, Seaside Colony, Oceanside Dunes, and Oceanview Townhomes.(Ord. 1999-
10;4/22/99)
(L) Maritime District. The purpose of this district shall be to protect the character of the commercial
development along the Lazaretto Creek within the city limits of Tybee Island. In the maritime
district, land may be used and buildings or structures may be erected or used for the following
purposes.
(1) Uses Permitted by Right:
a. Aquaculture projects
b. Assembly hall, club, or lodge
c. Bait shops
d. Boat building and repair facilities
e. Boat launching facilities
f. Commercial charter or sightseeing watercraft facilities
g. Commercial fishing and crabbing
h. Government buildings
i. Marina
j. Recreational activities carried on wholly within a building including theaters, dance halls,
and activities of a similar nature
k. Passenger cruise lines
1. Private or community dock
m. Public utility structures
n. Retail sales
o. Wholesale/Retail seafood/sales /warehouses
p. Restaurant - (no Alcohol) - Limited to sit down facility with no drive through
q. Restaurant, sit down facility which serves alcoholic beverages (must have Council approval
for liquor, beer, wine, and Sunday sales) and no drive through
The sections, pragraph, sentences, clauses, and phrases of this Ordinance are severable and if any
phrase, clause,sentence, paragraph, or section of this Ordinance shall be declared illegal by the
valid judgment or decreee of any court of competent jurisdiction, such illegality shall not effect
any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance.
(ORD. 1995 -17; 12/7/95)
Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance
shall have application to any violation of the Tybee Island Land Development Code of Ordinance
of the City of Tybee Island, Georgia.
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Mayor Walter W. Parker
Diane Sikes, Clerk of Council
1st Reading:
2nd Reading:
Enacted:
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RESOLUTION
YES TO BEACHES
WHEREAS, America's beaches provide vital economic, recreational, storm damage
reduction, and environmental benefits to the Nations; and
WHEREAS, nearly sixty percent of all Americans live within 50 miles of the Atlantic
and Pacific Oceans, the Gulf of Mexico, and the five Great Lakes; and
WHEREAS, the Nation's beaches are the leading tourist destination for millions of
domestic and foreign visitors, providing jobs and business profits which in turn produce
billions of dollars of tax revenues for the Federal government, as well as state and local
governments; and
WHERAS, the Federal government has made a commitment to our Nation's beaches by
partnering with state and local governments to fund on -going beach restoration projects,
including periodic beach renourishment, for over sixty years.
NOW, THEREFORE BE IT RESOLVED BY THE CITY OF TYBEE ISLAND,
GEORGIA: THAT, the City Council of the City of Tybee Island, Georgia urges
Congress to reject all efforts to withdraw from or limit the Federal government's role in
our Nation's beach nourishment projects and to recognize that continued Federal support
is critical to the sustained environmental and economic health of our coastal resources
and communities.
Adopted this 18th day of February 2004.
Clerk of Council \,./AA)
V titer W. Parker, Mayor