HomeMy Public PortalAbout20210826AmendedPacket.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
August 26, 2021 at 6:30 PM
Please silence all cell phones during Council Meetings
Consideration of Items for Consent Agenda 6:30PM
Opening Ceremonies
Call to Order
Invocation
Pledge of Allegiance
Announcements
Recognitions and Proclamations
1. Employee of the Quarter: 3rd Quarter, Sara Benton, TIPD
2. Employee of the Quarter: 4th Quarter Wally Hattrich, TIPD
3. US Coast Guard Recognition
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
4. Minutes, August 12, 2021
5. Attachments to Minutes
Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10
minutes.
6. Michael Pappas, Tybee Island Ethics Commission
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5
minutes.
7. Kate Burns: Dogs on the Beach
If there is anyone who would like to speak to anything on the agenda other than the Public
Hearings, please come forward. You are allotted 3-5 minutes.
Consideration of Approval of Consent Agenda
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Consideration of Bids, Contracts, Agreements and Expenditures
8. Award Leasing of Garbage Truck to Under CDL, $42,436.00
9. Revocable License/Indemnity Agreement/Right-of-Way
10. Travel Request: Out of state travel for two Campground staff to the National Association
of RV Parks and Campgrounds Outdoor Hospitality Conference and Expo in Raleigh, NC
November 8-12, 2021. Budgeted under line item 555-6180-52-3500. $4,187
11. Purchase of Gas Pumps for Safety Building. Budget Amendment forthcoming for
$31,185.88
Consideration of Ordinances, Resolutions
12. Reimbursement Resolution
13. Resolution: 2021-06, STVR Moratorium
14. Resolution, 2021-07, Municipal Court/Probate Court Prosecutor, Andre Pretorious,
Solicitor Tybee Island Municipal Court
15. Second Reading, 2021-17 Tree Removal, Art VII, Land Development Code
16. Second Reading, 2021-18, Chapter 42-67, Marijuana
17. First Reading, 26-2021, Regulatory Fees for Alcohol Licenses
18. First Reading, 2021-23, STVR Occupancy Rate
19. First Reading, 2021-24, Motorized Carts
20. First Reading, 2021-25, STVR Parking
21. First Reading, 2021-27, Motorized Vehicle Access Back River Boat Ramp
Council, Officials and City Attorney Considerations and Comments
22. Nancy DeVetter: Dogs on the Beach
23. Monty Parks: Definition of Residential Use
24. Monty Parks: Discussion of Island Wide Rental Overlay Zone
25. Monty Parks: Reallocation of Visit Tybee funds
26. Peter Gulbronson/Shawn Gillen: Bathroom at the Screened Pavilion, Memorial Park FOR
DISCUSSION ONLY
27. Peter Gulbronson/Shawn Gillen: Construction of Polk Street south of Highway 80 FOR
DISCUSSION ONLY
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 C lerk’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.
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible
planning, preservation of our natural and historic resources, and partnership with our community to ensure
economic opportunity, a vibrant quality of life, and a thriving future.”
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File Attachments for Item:
4. Minutes, August 12, 2021
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City Council Minutes, August 12, 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, John Branigin, 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. Mayor
pro tem Brown was excused.
Mayor Sessions listed the following items on the consent agenda:
Minutes: July 8, 2021, City Council Meeting
AR Universal LLC dba Frozen Daiquiri-Alcohol and Entertainment License Request-
Liquor/Beer/Wine/Sunday Sales
Lease for Vac-Truck, $51,862 yearly
River's End Campground: Architectural/Agreement with Greenline Architecture to
complete Construction Drawings and Construction Administration for New
Workshop/Storage Building. $28,200, line item 555-6180-54-1315.
Final 2021 Budget Amendment. Discussion: Dr. Gillen stated this Amendment is the
final clean-up of the FY2021 budget as it is required to balance. Mr. Parks confirmed the
increase in salaries were covered for TIPD and TIFD with the additional revenue. Dr.
Gillen confirmed. He continued the excess revenues might be used for infrastructure.
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
Invited Guests
Chairman Chester Ellis, Chair, Chatham County Commission approached Mayor and
Council to speak on One Chatham Initiative. Mayor Sessions thanked Chairman Ellis for his
financial support for the south-end bathrooms as well as SPLOST funding. Chairman Ellis thanked
Mayor Sessions for inviting him to speak. He continued, after he was elected he did research on
the spending habits of previous Chairman’s as well as each municipality in Chatham County. He
found there was a lot of cross spending and decided there needs to be a “new way to do things”.
Chairman Ellis stated the citizens all need to come together with collaboration and cooperation to
work together. He came up with the title, “One Chatham” as if we work as one, we can get more
done. Chairman Ellis thanked our local legislators as they passed the Infrastructure Bill to give
Chatham County $30.7M for public transportation. We all need together to get everything done.
His concerns also include the ship wake and the effect on Chatham County. Chairman Ellis stated,
it is his goal not have a street in Chatham County flood. He will meet with all elected officials as
well as staff to set a goal and work together, all municipalities. Chairman Ellis asked if anyone
has questions to please call his office so a meeting can be set-up. Mayor Sessions thanked
Chairman Ellis for his Initiative and prospective on unity.
Mack Kitchens approached Mayor and Council to speak to Short Term Vacation Rentals
(STVR’s). Mr. Kitchens stated he is opposed to STRV’s operating without regulations. He cited
State Statutes and the Tybee Island Land Development Code in regards to STVR’s in residential
neighborhoods. He also presented a comparison of registration fees: flat vs. occupancy. Mayor
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Sessions asked Mr. Kitchens to submit his presentation to the Clerk for inclusion in the minutes
and thanked him for his presentation.
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times
of 5 minutes.
Ernest Hutson approached Mayor and Council to speak to Alley 3. Mr. Hutson stated he
has not seen many issues with motorized vehicles using Alley 3. Mayor Sessions thanked
Mr. Hutson for his comments.
Matt Campbell expressed his concerns with the possible registration on Short Term
Vacation Rentals (STVR’s)
Code Jones expressed his concerns with inspections and registration fees with STVR’s
Keith Gay expressed his concerns with registration fee changes regarding STVR’s
Monty Parks made a motion to approve the consent agenda. John Branigin seconded. Vote
was unanimous to approve, 5-0.
Public Hearings
Tybee Island Comprehensive Plan. George Shaw stated every ten (10) years the City is
required to do a full Comprehensive Plan to remain a qualified government and every five (5)
years a brief update is done. The City contracted with the Coastal Regional Commission (CRC)
to produce the update and the process was started in January. Stakeholder Committees were
formed and meetings were held to include public meetings. Mr. Shaw introduced Cole Mullis,
CRC who was in charge of the update. Mr. Mullis thanked Mayor Sessions for the opportunity to
speak. He stated he has been working with the City on the Plan and there was a public
engagement process that included three (3) stakeholder meetings and two (2) draft review
meetings. The next step is to transmit the draft to the Department of Community Affairs for
review as they are the organization that regulates planning for Georgia. Mr. Mullis stated there
is still time for public comment even after the document is transmitted, 40 day public comment
period. Mayors Sessions stated the City will post the agenda for the public comments on the
website for accessibility. Mr. Mullis stated the document is basically a document that provides
guidance and direction for the City, a visionary document, so it does not create policy in its own
right directly, but something that should be considered for planning and land use decisions.
Having this documents is a requirement for receiving state funding in Georgia. He further
explained the role of the CRC is to run the meetings and write the document but this is not their
document but Tybee Island’s document. Mr. Mullis went over the goals which provide guidance
and values: (1) Vision and Goals; (2) Needs and Opportunities; (3) Character Areas; and (4)
Work Program all which are included in the packet before them this evening. Ms. DeVetter asked
the population trends and key indicators, as to the scale. Mr. Mullis stated he does not know as
he did not do the writing of the Plan. Mr. Parks confirmed he moderated several of the meetings
and has done this type of work with other cities. Dotty Kluttz approached Mayor and Council.
Ms. Kluttz apologized to the City and the citizens of Tybee Island as she was a stakeholder
member of the committee and became so frustrated with the process that she did not continue.
She then expressed her concerns with the Plan and some of the language. She is against this
Plan as presented. It was clarified that correct language was included in the Plan as posted on
the CRC website. Shirley Wright approached Mayor and Council. Ms. Wright stated the
membership of Forever Tybee has addressed the Master Plan and how to ensure its success. She
read from a prepared statement (attached). Mayor Sessions thanked Ms. Wright for her
presentation. Ken Williams approached Mayor and Council to speak to the Master Plan. He
outlined five (5) specific core values to guide the policy: respect, unity and community, civility
and kindness, and equity and balance, accountability, transparency and respectful visitors
(attached). Mayor Sessions thanked Mr. Williams for his comments and presentation. Cody
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Jones approached Mayor and Council. Mr. Jones explained the difference between a housing
unit and a household as if you had a house to include a garage or out building, that would be
considered one household and two household units. Mayor Sessions thanked Mr. Jones for his
explanation. Tanya Huff approached Mayor and Council. She thanked Mayor and Council for
the opportunity to attend the public meetings as they were very informative. Ms. Huff stated one
of the main concerns is transportation of day trippers and is not included on the Plan. Mayor
Sessions thanked Ms. Huff for her comments and concerns. Mr. Shaw stated there have been
efforts to get transportation to the Island in the past which had to be significantly subsidized as
there was not sufficient demand. Roger Huff approached Mayor and Council. Mr. Huff stated
there was great discussions at the stakeholder meetings and he agrees there needs to be free
bus service. In this way it would reduce the amount of vehicles circling the Island. Mayor
Sessions thanked Mr. Huff for his comments. Monty Parks made a motion to transmit the most
current version and move forward with the 4 day comment period. John Branigin seconded.
Vote was unanimous to approve, 5-0.
SPECIAL REVIEW: Build Boardwalk Crossover – 708 Butler Ave. – 40005 20006 – Zone
R-2 – Heath Shelton Habersham Development, LLC. George Shaw approached Mayor
and Council. Mr. Shaw stated Habersham Development submitted an application for a crossover
for the parcel, Butler Avenue to the beach. Planning Commission approved this application 3-1
and Staff approved unanimously. Mr. Shaw confirmed Mayor and Council need to approve this
application prior to submission to DNR. Ms. DeVetter asked Mr. Shaw who is the owner of the
property. Mr. Shaw responded it is his understanding the KM Meadow Farms is the current
property owner. Ben McKay approached Mayor and Council. He stated he is the engineer on
the project and stated the potential owner does not have intentions for future development. The
potential owner would like to update the current structure and build the crossover. Mr. Parks
made reference to the Planning Commission Meeting where a great deal of information was
presented. He expressed his concerns with the possibility of Mayor and Council approving a 500
foot boardwalk intruding into the dunes. Mr. McKay responded the crosswalk is to protect the
dunes which will keep beach goers out of the dune(s) and re-establishes beach access to the lot.
Mr. Parks again expressed his concerns as there is only one residence using the crossover. Ms.
DeVetter expressed her concerns with future development of the piece of property. Heath
Sheldon approached Mayor and Council stating he is purchasing the property. He stated initially
his intentions were to develop the property under the current zoning but is not moving forward.
The plan currently is to purchases the home, restore the old cottage and build a home on the
oceanfront. He is asking for access to the beach by way of a crossover as this will be a safer way
for his family to get to the beach. Mr. Shaw confirmed DNR will not approve an application for a
crossover without Mayor and Council’s approval. Dotty Kluttz approached Mayor and Council.
Ms. Kluttz expressed her concerns with building a crossover over the dunes as it does not allow
the dunes to move. Spec Hosti made a motion to approve. John Branigin seconded. Voting
in favor were Spec Hosti and John Branigin. Voting against were Jay Burke, Monty Parks and
Nancy DeVetter. Motion to approve failed 2-3. Monty Parks made a motion to deny. Nancy
DeVetter seconded. Voting to deny were Monty Parks, Nancy DeVetter and Jay Burke. Voting
against were John Branigin and Spec Hosti. Motion to deny passed 3-2.
Text Amendment: Amendment to Tree Ordinance. George Shaw approached Mayor and
Council. Mr. Shaw stated the proposed ordinance provides monitoring of tree removal to include
additional penalties. It requires staff to be on site when three (3) or more are to be cut at any
one time. This was approved by the Planning Commission, 3-2. Mr. Parks confirmed that this
applies to three (3) or more trees being cut. Mr. Shaw confirmed. He agrees with the Planning
Commission discussions and has concerns with enforcement. Mr. Branigin agrees with the
penalties but not with the requirement to have staff watch at the property during cutting. Monty
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Parks made a motion to approve. Nancy DeVetter seconded. Voting in favor were Monty
Parks and Nancy DeVetter. Voting against were Jay Burke, Spec Hosti, and John Branigin. Motion
to approve failed 2-3. Monty Parks amended his motion to approve Section 3 only of the
proposed ordinance for first reading. John Branigin seconded. Vote was unanimous to approve,
5-0.
Variance: Rear Addition to residence – 3 Kingry St. – 40019 03006 – Zone R-2 – Anne
K. Smith, Architect for Owner (Robin Crain). George Shaw approached Mayor and Council.
He stated the applicant wishes to add a screen room to the rear of the house. By doing this, it
would encroach 18” into the rear set-back. Staff recommended denial and the Planning
Commission recommended approval, 3-1. Ann Smith approached Mayor and Council. She
requested Mayor and Council approve this request. Spec Hosti made a motion to approve.
Motion failed as there was no second. Monty Parks made a motion to deny. Nancy DeVetter
seconded. Voting in favor of denial were Jay Burke, Monty Parks, John Branigin and Nancy
DeVetter. Voting against was Spec Hosti. Motion to deny passed 4-1.
Consideration of Ordinances, Resolution
Second Reading, 2021-22, Chapter 12, Beaches and Waterways. Mayor Sessions
stated her concerns with the situation of open fishing on any part of the beach and with no
designated areas for fishing vs. surfers. She asked why we are moving forward with the proposed
ordinance. Ms. O’Connell responded there is a specific State Statute that designates who can
control areas for fishing and hunting. Local government can do this but only for land it owns or
leases. The ordinance is being changed to be consistence with State Law. Ms. O’Connell
recommended having a Code of Conduct on the beach which would address fishing on the beach.
Dr. Gillen stated there was a fisherman who contacted DNR and confronted the TIPD regarding
violation of State Law. As a result, DNR reached out to the City. If a fisherman is purposely
casting into swimmers it could be considered Disorderly Conduct which would cause a violation.
Ms. DeVetter asked Dr. Gillen where people can fish. Dr. Gillen responded he would hope people
will use common sense. He also recommended reaching out to our local delegation to have local
legislation allowing Tybee Island to regulate fishing areas on the beach. Mr. Hughes stated this
cannot happen as the City does not own the beach. Mr. Parks stated he would ask DNR to do
something to assist Tybee Island with this issue. Dr. Gillen confirmed he will reach out to DNR
for assistance. Monty Parks made a motion to approve. Spec Hosti seconded. Voting in
favor were Jay Burke, Monty Parks, John Branigin and Spec Hosti. Nancy DeVetter stepped out
of the room. Motion to approve was unanimous, 4-0.
Council, Officials and City Attorney Considerations and Comments
Bubba Hughes approached Mayor and Council to speak to the Status of Department
Management – Leadership. Mr. Hughes stated this involves department heads and the
personnel policy that is currently being reviewed. Per the Charter, the City Manager is in charge
of city employees and departments although the departments are established by ordinance. He
continued prior to any prioritization of a department, it would need to come before Mayor and
Council for approval. Mayor Sessions confirmed that she has no recollection of any conversations
regarding outsourcing any department within the City. As to the current personnel manual, there
is a grievance procedure that addresses everyone with the exception of department heads. He
is recommending there be a process to discuss a grievance outside the structure of the City.
Mayor Session concurred. Mr. Hughes stated this process will be included in the personnel policy.
To come back to future City Council Meeting
Bubba Hughes: Golf Carts. Mr. Hughes stated what is before them tonight is a draft of an
amendment to the Golf Cart Ordinance that he was asked to prepare. This has been through the
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Public Safety Committee. Currently the ordinance requires someone to within ten (10) days of
acquiring or bringing a golf cart on to the Island, to have registered and inspected by the City.
This is to reduce this time from ten (10) days to 24 hours. This provides in Sec 2, “any
unregistered carts are subject to citation for the failure to pay and/or register timely for parking
in authorized places and no unauthorized cart shall have a decal until it is registered”. Mr. Hughes
continued, this is an effort to bring individuals into compliance. Mr. Branigin stated his concerns
with individuals bringing their golf carts on the Island and park wherever they want and are gone
by the ten (10) days are up. We need to effectively have a means to write them a citation and
collect a fine. Mr. Hughes responded there are identification markings on golf cart and parking
enforcement can take photographs and place the citation on the cart. Mr. Hosti stated
identification markings are hard to locate on a cart and agrees with Mr. Branigin that something
needs to be done. He would recommend 48 hours rather than the 24. Ms. DeVetter asked why
a sticker couldn’t be placed on the cart. Mr. Hughes responded that such a sticker represents an
abandoned vehicle. Mr. Branigin stated there are two violations: (1) violation of registration and
(2) not paying to park. He feels if a golf cart is not registered they do not have the right to drive
on City streets. Mr. Hughes responded he will revise the proposed ordinance to provide that it is
an offense to operate an unregistered cart and require the hours in which to accomplish
registration and cannot be operated in the City until registration is complete. Dr. Gillen stated
Code Enforcement and Tybee Island Police Department with be enforcing the proposed
ordinance. Mr. Parks recommended an annual inspection and well at proof of insurance. To
come back to future City Council Meeting
Bubba Hughes approached Mayor and Council to address STVR: Ordinance Amendments.
Mr. Hughes stated he was directed by Mayor and Council to craft an ordinance that would do two
things: (1) require a parking plan for an STVR location and (2) to craft an occupancy
measurement for potentially tiered fees. What is before Mayor and Council is a draft for discussion
only. He asked council if it is their desire to do a flat fee or tiered rate. Mayor Sessions asked if
Mr. Hughes had reached out to the City of Savannah regarding their ordinance with STVR as she
was curious. Mr. Hughes stated no but will, if it is the desire of Mayor and Council. Mr. Parks
stated as he would not like to address the parking issues as Mayor pro tem Brown is not present.
In regards to the registration rate, he is requesting it is set so that the cost of enforcement is
covered. Mr. Parks stated it is his understanding, the stated occupancy on the application form
would be used to calculate the registration rate, not based off SAGIS or based on property
records. As to enforcement, we would compare their advertising for occupancy vs. what their
stated occupancy is on the application form. Ms. DeVetter would like the Ordinance Amendments
brought back in final form. Mr. Hosti does not feel additional fees need to be placed on STVR’s
to cover enforcement. Ms. DeVetter requested Mr. Hughes bring back a document with the fees
included for the first meeting in September. Mr. Hughes confirmed. Mr. Parks made reference
to a chart: 1-5 people, one level; 6-10 people, next level; and 10 or more a different level which
met the budget. He recommended the City take the occupancy stated on the application, derive
a fee, based on three (3) tiers and move forward. Mr. Hosti recommended basing the registration
fee on the bedrooms and not people. Mayor Sessions expressed her concerns moving forward
and stated by using Host Compliance there is a measurable way to set fees. Mr. Hughes stated
his understanding as there is a consensus that the application require the applicant to state the
planned occupancy of the structure and the fee is going to be structured or changed based on
that statement. If the structured fee is 1-5 is $200, 6-10 is $400, and above 10 is $500, all STVR’s
are going to state the have 1-5 people. Is it the desire of Mayor and Council to have the numbers
be in the ordinance as to what the fees are going to be? Dr. Gillen stated there is a base rate of
$200 plus a per occupant fee of tier one (1) of $10 per occupant; tier two (2) of $15 per occupant;
and tier three (3) of $20 per occupant. Mr. Parks stated he concurs with Dr. Gillen’s explanation.
Mr. Hughes confirmed. To come back to September 9, 2021 City Council Meeting
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Bubba Hughes approached Mayor and Council to address a Resolution: EV Charging
Stations and Future Contracts. Mr. Hughes stated this is a result of communications from
Georgia Power and the Public Service Commission to have a charging station available to the City.
He is asking approval of a Resolution that would permit him to go forward and finalize the
negotiations with Georgia Power. They have asked for two (2) locations in the North Beach
Parking Lot and they have agreed, when not in use for charging electric vehicles the parking
spaces could be used for regular parking places which would be “pay to park”. Mayor Sessions
stated there is another individual that would like to donate two (2) chargers to be placed in
Memorial Park. Dr. Gillen confirmed. Monty Parks made a motion to move forward with the
Resolution. Spec Hosti seconded. Vote was unanimous to approve, 5-0
John Branigin: City Gas Pump Update. Mr. Branigin asked Dr. Gillen to ensure that all
repairs are made to the gas pumps so the City does not purchase gas at retail. Dr. Gillen stated
in summary, the gas pumps have completely failed, these are the original gas pumps prior to the
construction of the Public Safety Building, purchasing of fuel then went to a local gas station to
test that at a concept rather than repairing existing pumps. There is currently crowding at the
station which is causing safety issues. Therefore, this is on the upcoming Infrastructure
Committee Meeting and Mr. Gulbronson has received quote to move forward for complete
replacement of the pumps. The underground tank is fine. Mr. Parks stated his concern is if there
is a storm the City has an alternative plan.
Monty Parks stated he would like a Discussion of Protected Trees to come back to a future
City Council Meeting.
Monty Parks stated Mr. Hughes is to bring a chart to Mayor and Council with structured fees
regarding Liquor License Renewal Fees. To come back to the August 26, 2021 City
Council Meeting
Shawn Gillen gave a brief update on Beach Crossover Benches. He stated Mr. Robertson is
working with DNR on an application and working with Thomas and Hutton on design work. They
will meet with DNR in early spring 2022.
Shawn Gillen approached Mayor and Council to speak on Alley 3 - Motorized Vehicle
Exemption. Dr. Gillen stated this is an item that has come up before during the Public Safety
Committee Meeting. Ms. McLemore, resident of Alley 3, is requesting the Mayor and Council
remove the exemption at Alley 3 for motorized vehicles. This would eliminate Alley 3 as a boat
ramp. Mr. Hosti recommends the boat ramp at Alley 3 remain as it is. Ms. DeVetter asked Dr.
Gillen to explain the scope of the problem. Dr. Gillen responded it gets very busy during the
weekends. Sgt. Hattrich approached Mayor and Council to speak to the issues at Alley 3. Sgt.
Hattrich stated occasionally there are issues during the weekends but that is due to familiarization
of the area. Mr. Branigin stated if the City is going to keep Alley 3 as a boat ramp then the ramp
needs to be repaired and if not then do away with the ramp. Dr. Gillen recommended limiting
use of the ramp, for motorized vehicles, on weekends during certain times such as between
Memorial Day and Labor Day. Mr. Parks asked Mr. Hughes to bring an ordinance back restricting
use of motorized vehicles at Alley 3 during certain times. To come back to future City Council
Meeting.
Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous to
approve, 5-0.
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Meeting adjourned at 10:45PM.
______________________________
Janet R. LeViner, MMC
Clerk
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File Attachments for Item:
5. Attachments to Minutes
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File Attachments for Item:
6. Michael Pappas, Tybee Island Ethics Commission
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Ethics Commission Minutes
Meeting April 1, 2021
Members Present: Trey Connors, Nancy Frankenhauser, Ben Goggins, James McNaughton,
Michael Pappas, Mark Reed, Marie Rodriguez
Members Absent: None
Ex-Officios Present: Jan LeViner, City Clerk; Michelle Owens, Recording Clerk; Charlie
Barrow, Ethics Commission Attorney
Roll:
Michael Pappas called the meeting to order at 4:00 PM. Members present: Trey Connors, Nancy
Frankenhauser, Ben Goggins, James McNaughton, Michael Pappas, Mark Reed, Marie
Rodriguez
Approval of Minutes:
Trey Conners motioned to approve minutes of February 16, 2021. Ben Goggins seconded the
motion. Motion passed unanimously. Minutes approved
New Business:
Attorney Charlie Barrow gave an overview of the state ethics laws for ethics commission
members.
The commission reviewed a pending Ethics Complaint received March 25, 2021.
Mark Reed motioned to adjourn to executive session. Ben Goggins seconded the motion. The
motion passed unanimously. The commission convened to executive session at 4:16 PM to
discuss a pending ethics complaint.
Ben Goggins motioned to end executive session and reconvene the regular meeting. Marie
Rodriguez seconded the motion. The motion passed unanimously. The regular meeting
reconvened at 4:45 PM
Commission Chair Michael Pappas announced that the complaint would proceed to the next step
and that the subject of the complaint would be notified for a response.
No Old Business
None to discuss
Adjournment:
Mark Reed motioned to adjourn the meeting. Marie Rodriguez seconded the motion. The motion
passed unanimously. Meeting adjourned at 5:00 PM
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Ethics Commission Minutes
Meeting May 27, 2021
Members Present: Trey Connors, Nancy Frankenhauser, Michael Pappas, Mark Reed, Marie
Rodriguez
Members Absent: Ben Goggins, David McNaughton
Ex-Officios Present: Jan LeViner, City Clerk; Michelle Owens, Recording Clerk; Charlie
Barrow, Ethics Commission Attorney
Roll:
Chairman Michael Pappas called the meeting to order at 3:00 PM and conducted roll call.
Members present: Trey Connors, Nancy Frankenhauser, Michael Pappas, Mark Reed, Marie
Rodriguez
Approval of Minutes:
Mark Reed motioned to approve minutes of April 1, 2021. Nancy Frankenhauser seconded the
motion. Motion passed unanimously. Minutes approved
New Business:
Chairman Pappas announced that the commission would review the pending ethics complaint
and the response letter from Jay Burke.
Call for Motion to go into executive session:
Mark Reed motioned to adjourn to executive session to discuss the pending ethics case.
Chairman Pappas seconded the motion. Motion carried. The board adjourned to executive
session at 3:03 PM.
Marie Rodriguez made a motion to reconvene the open meeting. Nancy Frankenhauser seconded.
Motion carried. Board reconvened open meeting at 3:38 PM.
Chairman Pappas announced that the commission found sufficient cause to move to the next
phase and hold an informal hearing.
Mark Reed made a motion to move to the next phase of an informal hearing. Trey Conners
seconded the motion. The motion passed unanimously.
Attorney Charlie Barrows explained that both parties have the option to resolve the complaint
prior to the informal hearing. otherwise the informal hearing would be scheduled as soon as
possible.
No Old Business
None.
Adjournment:
Mark Reed motioned to adjourn the meeting. Marie Rodriguez seconded the motion. The motion
passed unanimously. Meeting adjourned at 3:48 PM
- Page 27 -Item #6.
Ethics Commission Minutes
Informal Hearing, July 14, 2021
Members Present: Trey Connors, Ben Goggins, James McNaughton, Michael Pappas, Mark
Reed, Marie Rodriguez
Members Absent: Nancy Frankenhauser
Ex-Officios Present: Michelle Owens, Recording Clerk; Charlie Barrow, Ethics Commission
Attorney
City Council Members Present: Barry Brown, Spec Hosti, Monty Parks
Roll:
Chairman Michael Pappas called the meeting to order at 1:00 PM and conducted roll call.
Members present: Trey Connors, Ben Goggins, James McNaughton, Michael Pappas, Mark
Reed, Marie Rodriguez
Approval of Minutes:
Marie Rodriguez motioned to approve the minutes from May 27, 2021. Ben Goggins seconded
the motion. Motion passed unanimously. Minutes approved
New Business:
Chairman Pappas announced that the ethics commission meeting served as an informal hearing
during which both parties to the ethics complaint would have 10 minutes to make comments.
Informal Hearing:
Statement by Jan Will
Jan Will read a statement summarizing her complaint against city council member Jay Burke.
Ms. Will stated that Councilman Burke violated sections of the city ethics code at the March 11,
2021 council meeting. She stated that a movie production representative was giving a progress
report in an open council meeting Mr. Burke remarked that closing the beaches would cause
great financial distress for his family’s beach equipment rental business. Ms. Will further stated
that the movie production representative offered to meet with Mr. Burke and was instructed to
meet with his sister. Mr. Burke refused to leave the meeting or recuse himself. Ms. Will stated
She stated Mr. Burke’s actions violated the Code of Ethics Section 23-2: Acceptance of Gifts;
Section 23-3: Intent; and Section 23-7: Coercion by a City Official.
Statement by Jay Burke
Mr. Burke’s attorney Tom Mahoney announced he would speak on behalf of Mr. Burke. Mr.
Mahoney said from his review of the case, it was apparent this case is the result of a
misunderstanding. He stated Mr. Burke did not violate the ethics code, did not solicit or receive
money, didn’t use his office for public gain or coerce anyone. He stated Mr. Burke raised a
potential conflict and recused himself from the vote and any further discussion on the advice of
the city attorney. Mr. Burke acted in accordance with the ethics code and not in violation, he
stated. Mr. Mahoney further stated the movie production representative told council she had been - Page 28 -Item #6.
in touch with businesses and residents about the production, yet Mr. Burke believed that was not
true because his family business had not been contacted. His concern was for all the businesses
impacted by closing the beach, and not just his family business, Mr. Mahoney stated. Mr. Burke
was also the first to raise the question of whether he could vote on the issue, after which the city
attorney recommended recusal. Mr. Burke recused himself and did not vote. Therefore, The
Code of Ethics Section 23-14 raises a presumption in favor of Mr. Burke that he was in
compliance, Mr. Mahoney stated.
Mr. Burke acknowledges that he did misspeak, which led to a misunderstanding, he said. Mr.
Burke did not mean to say that his family business was being impacted. He was speaking to all
residents and businesses being impacted, Mr. Mahoney stated. He also stated that Mr. Burke was
not notified of the previous ethics commission meeting but would have attended had he known.
Mr. Pappas announced that each party would have the opportunity to question the other.
Ms. Will asked Mr. Burke if he attended a workshop shortly after the council meeting in question
and whether he arrived on time and found it beneficial.
Mr. Burke stated he arrived 10 minutes late but stayed for the rest of the meeting. Ms. Will
responded she thought he was 30 minutes late. Ms. Will stated she did not have any more
questions.
Mr. Mahoney asked Ms. Will if she acknowledged that Mr. Burke recused himself from the
March 11 meeting.
Ms. Will acknowledged that Mr. Burke did recuse himself.
Mr. Mahoney asked Ms. Will whether she knew if Mr. Burke had received any payments. Ms.
Will responded that she is only aware of what occurred on the meeting recording.
Mr. Mahoney had no further questions.
Ms. Will had no further questions but asked to make another statement. Mr. Pappas consented to
the statement.
Mr. Mahoney questioned if the statement contained new evidence not in the original complaint
and stated that he thought the informal hearing was an opportunity to resolve the complaint.
Ethics Commission Attorney Charlie Barrow stated that the goal of the informal hearing was to
find middle ground, but that had not happened yet. Mr. Barrow said it was permissible for both
parties to make additional statements as long as it was not new evidence.
Ms. Will stated that there was an “egregious violation” the city’s ethics code at the March 11 city
council meeting and that the public’s trust had been damaged. She stated that city council and the
ethics commission should follow their rules to ensure the “very highest standards of ethical
conduct” for Tybee Island. Ms. Will said she expected censure, public reprimand, an apology to
the citizens and affirmation that it will not happen again. - Page 29 -Item #6.
Mr. Pappas advised Ms. Will that the ethics commission could only determine if a violation
occurred and that only city council could issue consequences.
Mr. Mahoney responded to Ms. Will’s statement. He stated the situation was a misunderstanding
and not an “egregious violation.”
Mr. Pappas opened the floor to comments from the Ethics Commission members.
Trey Connors asked Mr. Burke if he felt his comments swayed the vote of other council
members. Mr. Burke responded that he did not.
Ben Goggins asked Mr. Burke if he emerged from the city’s recent ethics training with a
different sense of how he would have brought up the topic at the March 11 meeting. Mr. Burke
responded that he learned he should not have mentioned his family business, but that he was
concerned about miscommunications. Mr. Burke stated he realized he should have addressed his
concerns through the city manager and city attorney.
Mr. Goggins asked Mr. Burke if he felt he should apologize publicly and face censure. Mr.
Mahoney answered on Mr. Burke’s behalf, saying Mr. Burke would apologize and that he
wanted to resolve the matter at the informal hearing.
Mr. Conners asked Mr. Burke if he spoke to the movie production representative after the
meeting in person or electronically. Mr. Burke responded that he had not.
Marie Rodriguez asked Ms. Will if she would be willing to accept an apology from Mr. Burke.
Ms. Will stated that it was not a personal issue. She stated she wanted the city council and the
ethics commission to ensure the highest ethical standards for Tybee Island. She restated that she
wanted censure, public reprimand, an apology to the citizens and affirmation that it would not
happen again.
Mr. Pappas asked Ms. Will who she wanted to issue the censure and public reprimand. Ms. Will
replied city council and ethics commission. Mr. Pappas reminded her that only city council and
not the ethics commission, has authority to take those actions. Mr. Barrow informed her that only
city council could do so by ordinance.
Mr. Barrow asked Ms. Will if she was willing to accept Mr. Burke’s apology on behalf of herself
and the citizens of Tybee and not proceed further.
Ms. Will stated that the apology should be at a televised city council meeting and not at the
hearing with a few people viewing.
Mr. Barrow asked Ms. Will if she would be satisfied resolving the case at the informal hearing if
Mr. Burke agreed to apologize publicly at a city council meeting. Mr. Barrow stated the informal
hearing was an opportunity to resolve the grievance without the ethics commission making a
decision. - Page 30 -Item #6.
Ms. Will stated she wanted the commission to make the decision.
Mr. Barrow clarified again that city council, not the ethics commission, would not make a
decision on a censure or reprimand.
Mr. Goggins asked Mr. Burke if he would be willing to apologize to the citizens publicly at a
city council meeting, including sharing what he has learned and assuring it would not happen
again.
Mr. Mahoney stated that Mr. Burke would apologize if it would resolve the case at the informal
hearing.
Ms. Will stated she wanted the ethics commission and city council to make the decision on the
outcome.
Ms. Rodriguez clarified that ethics commission could not determine the outcome and could only
decide if a violation occurred and forward the case to city council for action.
Mr. Barrow stated that once the case goes to city council there is no guaranteed outcome. The
council could decide to do nothing or it could censure and reprimand, he said.
Mr. Barrow asked if there was new evidence either side would produce if the matter proceeded
to a formal hearing. Mr. Mahoney said he would present new evidence.
Call for Motion to go into executive session:
Mark Reed motioned to adjourn to executive session to discuss the pending ethics case.
Chairman Pappas seconded the motion. Motion carried unanimously. The board adjourned to
executive session at 1:33 PM.
Marie Rodriguez made a motion to reconvene the open meeting. Ben Goggins seconded. Motion
carried. Board reconvened open meeting at 1:54 PM.
Reconvening of Regular Meeting
Mark Reed motioned to proceed with a formal hearing with new evidence presented. Trey
Conners seconded the motion. The motion carried unanimously.
Mr. Pappas stated the formal hearing would be scheduled around the week of July 26.
Old Business
None.
Adjournment:
Mark Reed motioned to adjourn the meeting. Ben Goggins seconded the motion. The motion
passed unanimously. Meeting adjourned at 1:58 PM
- Page 31 -Item #6.
- Page 32 -Item #6.
- Page 33 -Item #6.
File Attachments for Item:
7. Kate Burns: Dogs on the Beach
- Page 34 -Item #7.
- Page 35 -Item #7.
Summary Dogs on Beach Survey
Executive Summary
At the request of some members of the Tybee Island City Council, we conducted a survey to
determine the preferences of public support for a proposal on allowing dogs on the beaches.
Method
The survey was published on social media involving a convenience sample of volunteer
respondents. Anyone with the link could complete the survey. The Survey consisted of six
questions: (1) Are you a resident of Tybee FULL TIME? (2) Do you vote on Tybee? (3) Do you
own property but do not reside full time? (4) After reviewing the draft proposal for allowing
dogs on the beach on Tybee, are you: For or Against? (5) what is your full name? (6) what is
your address? Analysis included descriptive statistics.
Limitations of the Survey
The convenience sample of volunteer respondents does not provide an accurate representation
of the preferences of the entire Tybee Island population. A small sample size also hinders
generalizability. There were a total of 607 responses. Accounting for duplications and
verification of residence status resulted in a data set of 295 for full-time residents and a data
set of 294 for non-residents.
Results
Of the 295 verified full-time residents, 163 (55%) stated they were For the proposal and 132
(45%) stated they were Against the proposal. The difference in percentages are not statistically
significant given a margin of error of 5.4% at a 95% confidence level due to the small sample
size. In other words, the responses For and Against are virtually 50-50.
The positions of verified Tybee voters was 130 (51%) Against and 100 (49%) For. Nonresident
non-Tybee voters support the proposal by 259 to 31.
Of the 96 who identified themselves as property owners, 43 stated For the proposal and 53
stated Against the proposal. Of the 198 who identified themselves as non-property owners, 119
stated For the proposal and 79 Against the proposal.
Summary
Although the survey results for Tybee residents indicate 55% For and 45% Against, the margin
of error indicates a virtual 50-50 tie. Verified voters and self -identified Tybee voters also
present a virtual tie. A majority of full-time resident property owners are Against the proposal,
while a majority of full-time resident non-property owners are For the proposal. Those who live
outside Tybee Island, both property and non-property owners and non-Tybee voters support
the proposal.
- Page 36 -Item #7.
2
Introduction
At the request of some members of the Tybee Island City Council, we conducted a survey to
determine public support for a proposal on allowing dogs on the beaches. The survey was
conducted between May 30, 2021 and June 30, 2021. The survey requested respondents to
indicate their position, either “For” “or “Against” a proposal that include s the following items:
Pilot: One season pilot. Closely monitored
Restricted area: mid beach from 14th to Gullick
Off-season only 1 November through 31 March
Dogs on leash only
Owners must BYOBags: Owners may be checked for having a bag to collect waste or
may be issued a citation
Group of Tybee residents dedicated to encouraging owners to follow the Dog Beach
Rules.
Signage on rules with mass media blitz
Method
The data was collected online through a Google form. The survey was publicized through
various social media outlets. Respondents entered the survey URL into their browser for access,
which was unrestricted. Anyone with the link could complete the survey. The Survey consisted
of six questions: (1) Are you a resident of Tybee FULL TIME? (2) Do you vote on Tybee? (3) Do
you own property but do not reside full time? (4) After reviewing the draft proposal for
allowing dogs on the beach on Tybee, are you: For or Against? (5) what is your full name? (6)
what is your address? Analysis of the data set included descriptive statistics of the questions
and positions on the proposal, either “For” or “Against”. Residential status was confirmed
through voter registration records and comparisons of addresses, family names, and email
addresses. Each question was evaluated separately.
Limitations of the Survey
Sample Size
There were a total of 607 responses to the survey, including 311 self-identified as full-time
Tybee residents, 294 non-residents, two identified as full-time residents but provided a non-
Tybee Island address and were removed from the data set for the analysis of Question 1, Are
you a resident of Tybee FULL TIME? Fourteen respondents were confirmed as Tybee Island
residents due to an association with a registered voter. Of the 311, six respondents reside
outside the Tybee Island voting district (Spanish Hammock) but were included due to having a
Tybee Island address. Sixteen duplications were removed. These eliminations resulted in a data
set of 295 for full-time residents and a data set of 294 for non-residents.
Generalizability
- Page 37 -Item #7.
3
The results of the survey cannot be generalized to the Tybee Island population at large. This is
to say the results do not represent an accurate description of the positions of all Tybee Island
residents combined. It can only be said the survey results represent only those who responded.
Responses are influenced by people of one position being more motivated to complete the
survey, the methods of publicizing the survey, and the likel ihood of people one position having
more access to the publication methods than those of another position. Additionally, self-
reported surveys are notably unreliable research methods since people often provide
inaccurate information. Since the survey was voluntary, survey validity requires at least half of
the population to respond.
Property Ownership
Question 3 asked, Do you own property but do not reside full time? This question focuses on
property ownership in general, either a residence and/or rental property. A City Council
member requested the survey include the determination of support for the pr oposal based
upon short-term vacation rental (STVR) property owners. Analysis of the survey data is unable
to provide accurate results for this request due to the ambiguousness of the question.
Additionally, Question 3 conflicts with Question 1 by asking those who previously stated they
are full-time residents to identify whether or not they own property. This is confusing since the
second half of Question 3 specifies “do not reside full-time”. Therefore, the intent of the
respondent is unclear. If the respondent has already identified as a full-time resident, is the
intent “Yes, I own property but do not participate in STVR”, “Yes, I own STVR property”, “Yes, I
do not reside full-time”, “No, I am a renter of my full-time residence”, “No, I do not own
property on Tybee Island,” or “No, I do not have STVR property”. This ambiguity makes a
determination impossible and the results invalid for identifying the position of STVR owners .
However, Question 3 is valid for identifying the positions of resident and non-resident property
and non-property owners. Therefore, a limitation of the survey is the inability of Question 3 to
determine accurate data from both resident and non-resident populations regarding STVR.
Results
Full Time Residents
Of the 295 verified full-time residents, 163 stated they were For the proposal and 132 stated
they were Against the proposal as shown in Table 1. These numbers indicate 55% For the
proposal and 45% Against the proposal as shown in Figure 1. These percentages are not far
apart given a margin of error of 5.4% at a 95% confidence level due to the small sample size.
Table 1. Position of Verified Full-time Residents
For 163
Against 132
n = 295
- Page 38 -Item #7.
4
Figure 1. Position of Verified Full-time Residents
Voters on Tybee Island
Question 2 asked voters to state their voting status. There was a significant discrepancy
between the numbers of self-identified and verified Tybee Island voters. Table 2 shows 263 full-
time residents self-identified as Tybee Island voters, 45 full-time residents identified as non-
Tybee voters, four non-residents identified as Tybee voters, and 290 as non-Tybee voters.
However, checking against the voter registration record from September 2021, actual Tybee
Island voters were 203.
Table 2. Self-identified Tybee Island Voters
Tybee Voter Not Tybee Voter
Full-time Resident 263 34
Non-resident 4 290
n = 591
The positions of self-identified Tybee Island voters were 143 or 54% (including 139 resident and
4 nonresident voters) For and 124 or 46% Against (See Figure 2.) However, the positions of
verified Tybee voters was 130 (51%) Against and 100 (49%) For (See Figure 3.). Nonresident
non-Tybee voters support the proposal by 259 to 31. Full-time resident non-Tybee voters
support the proposal by 26 to 8.
163, 55%
132, 45%
Verified Residents
For Against
- Page 39 -Item #7.
5
Figure 2. Positions of Self-identified Tybee Island Voters
Figure 3. Registered Tybee Island Voters
Property Ownership
Of the 294 verified full-time residents, 96 (33%) stated they owned property and 198 (67%)
stated they did not own property. See Figure 4 below. As discussed above, Question 3 on
property ownership is ambiguous and confusing by using the general term property and not
specifying specific term STVR property. Therefore, the results of this section are only valid for
determining the positions of property owners in general without specific qualification and and
not specifically for STVR property.
139 124
26 840
259
31
0
50
100
150
200
250
300
For Against For Against
Tybee Voter Not Tybee Voter
Position by Self-Identified Voter Category
Full-time Resident Non-resident
100, 49%
103, 51%
Registered Tybee Island Voters
For Against
- Page 40 -Item #7.
6
Figure 4. Property Ownership of Full-time Residents
(NOTE: One respondent submitted two surveys. One identified as a property owner; the second identified
as a non-property owner. Both were eliminated from the data set resulting in a total of 294.
Of the 96 who identified themselves as property owners, 43 stated For the proposal and 53
stated Against the proposal. Of the 198 who identified themselves as non-property owners, 119
stated For the proposal and 79 Against the proposal. See Figure 5. It is necessary to reiterate
that Question 3 is unclear and these results are only valid for determining the positions of
property owners and non-property owners in general without specifying the type of property
owned, whether residential rental, and/or STVR.
Figure 5. Positions of Property and Non-property Owners (n = 294)
Of the 296 identified as non-full-time residents, 72 stated as property owners and 224 stated as
non-property owners. Of the 72 non-resident property owners, 58 were For and 14 were
Against the proposal. Of the 224 non-resident non-property owners, 207 were For and 17 were
Against the proposal.
96, 33%
198, 67%
Full-time resident
Property Owner Yes Property Owner No
43 53
119
79
0
20
40
60
80
100
120
140
For Against For Against
Property Owner Non-property Owner
Full-time resident
- Page 41 -Item #7.
7
Figure 6. Positions of Non-resident Property and Non-property Owners (n=296)
Discussion
The results of the position of full-time residents on the proposal indicate mixed conclusions.
Although the results show residents favor the proposal by a margin of 55% to 45%, it should not
be concluded these percentages represent the positions of the entire population. If the data set
was a random sample, the percentages could be close to 50/50, due to the margin of error
(5.4% at a 95% confidence level). However, since the data set was not a random sample, the
percentages cannot be considered conclusive. When there is such a clear division of public
position, city officials should practice caution when establishing public policy based on survey
results.
The positions of verified Tybee Island voters is close to a 50-50 split. Although the voter
registration used to verify voters was from September 2021, it is unlikely 75 additional people
registered to vote on Tybee Island since then. The results of self-identified voters is considered
invalid, due to misreporting of voter status. Even so, among those who self-identified as Tybee
Island voters, there was a slight, but statistically insignificant edge toward support for the
proposal, indicating a virtual tie. Also, among non-Tybee voters, there was clear support for the
proposal.
The results of the positions of residents and non-residents based on property ownership is
mixed. The results indicate a majority (55%) of full-time resident property owners are Against
the proposal (53 to 43) and a majority of full-time resident non-property owners are For the
proposal (119 to 79). There is no way to determine their intent in answering the question –
either property ownership in general or STVR ownership specifically. Regarding non-resident
positions, both property and non-property owners overwhelmingly support the proposal. The
real question is whether non-residents, either owners of residences and/or STVR, should
influence public law and policy for the City of Tybee Island. To do so would demonstrate bias
58
14
207
17
0
50
100
150
200
250
For Against For Against
Property Owner Non-property Owner
Not Full-time Resident
- Page 42 -Item #7.
8
toward non-residents – property owners, STVR owners, and non-property owners – and
against full-time residents, whether or not they are property/STVR owners.
Summary
The results of the survey indicate a somewhat 50-50 divide on the proposition. Although the
percentages of full-time residents slightly favor the proposition, the margin of error indicates a
virtual tie. Verified voters and self-identified Tybee voters also present a virtual tie. The
question of property ownership indicates a majority of full-time resident property owners are
Against the proposal, while a majority of full-time resident non-property owners are For the
proposal. Those who live outside Tybee Island, both property and non-property owners and
non-Tybee voters support the proposal. If the City Council desires more definitive results
regarding STVR, the survey should be repeated with a revision of Question Three to focus
specifically on STVR. Also, additional research should be done to assess potential impact to the
community. For instance; research could involve several coastal communities to include Tybee
Island, Hilton Head Island, St. Simon’s Island, and Myrtle Beach area. Analysis would involve
population density based on residential population, annual visitors, square mileage of the
community, and length of the beaches.
Disclosure
The analyst of this survey, Kenneth Williams, PhD, received no pay and does not benefit from
this analysis in any way, shape, or form. He made every effort to present unbiased analysis.
Submitted to Tybee Island City Council by:
Kate Burns Kenneth Williams
P.O. Box 2077
Tybee Island, GA 31328
kburns@cityoftybee.org ken.williamsphd@gmail.com
646-469-5959 479-366-8598
- Page 43 -Item #7.
Dogs on Tybee Beach Off-Season
Proposal for Consideration
Introduction
Tybee residents who own dogs want to be able to take their dogs on the beach. A proposal
was developed by a group of residents to allow dogs safely on a designated area of the
beach. The proposal was based on research from other coastal communities and discussions
with key actors on Tybee and in Georgia. Community discussions were held to solicit Tybee
resident inputs. An online survey For or Against the PRO DOGS proposal was conducted.
Three principles guided the development of this proposal. It would
1.Respect the need for protecting wildlife, the beach and its environs.
2.Acknowledge that residents would be able to enjoy the beach with their dogs.
3. Be administratively-lite, e.g., not adding additional heavy burden on the City.
THE ASK: The Tybee City Council is asked to allow a one-season pilot project for on-leash
dogs from November - March in a designated area mid beach. Local university professors
have indicated interest in assessing the impact of the proposal. A report would be submitted
to Council at the end of the season. Current ordinances would need to be temporarily
changed to allow dogs for this pilot.
Main points - PRO DOGS
Pilot: A one-season pilot would be monitored regarding dog owners following beach rules.
Restricted area: Mid beach from 14th to Gullick was chosen to be away from potential bird
nesting areas, far from residents’ homes and allow access to residents living in the north
and south part of the island
Off-season: 1 November - 31 March was chosen as these months are outside of turtle and
bird nesting/migration season.
Dogs on leash only: Dog would be under the control of owners on leash. As such the owners
would be more alert to collecting dog waste and keeping dogs away from the dunes and
from interfering with any shore birds.
Owners must BYOBags: Owners may be checked for having a bag to collect waste or may be
issued a citation
Group of Tybee residents dedicated to encouraging owners to follow the Dog Beach Rules.
Signage on rules with mass media blitz: Information campaigns and launch events would
stress the need for dog owners to follow rules.
DOGS ON THE BEACH ON TYBEE AUGUST 7, 20211
- Page 44 -Item #7.
Results of the Survey
The analysis of the data was conducted by an independent expert. A total of 607 people
took the survey of which 295 were full time residents. Although the survey was meant for
Tybee residents/voters/property owners only, many visitors from Savannah, Atlanta and
beyond took the survey most of whom were FOR the PRO DOGS proposal. The full report
was submitted to City Council. The survey was online for six weeks. Below is a summary.
Full Time Residents
Of the 295 verified full-time residence, 163 stated they were For the proposal and 132
stated they were Against the proposal as shown in Table 1. These numbers indicate 55%
For the proposal and 45% Against. t
Table 1. Position of Verified Full-time Residents
Voters on Tybee Island
Question 2 asked voters to state voting status. There was a significant discrepancy
between the numbers of self-identified and verified Tybee Island voters. However, checking
against the voter registration record from September 2021, actual Tybee Island voters were
203.
The positions of self-identified voters were 146 (53%) For and 130 (47%) Against.
However, the positions of verified Tybee voters was 130 (51%) Against and 100 For(49%).
Summary
The results of the survey indicate a somewhat 50-50 divide on the PRO DOGS proposal.
Although the percentages of full-time residents slightly favor the proposition, the margin of
error indicates a virtual tie. Verified voters also presents a virtual tie. Question 3 on non-full
time property ownership is ambiguous and confusing by using the general term property and
not specifying specific term STVR property. Therefore the intention to see if STVR owners
were For or Against the proposal could not be determined.
The results of the survey cannot be generalized to the Tybee Island population at large.
Anecdotally, some Tybee residents were unwilling to take the survey online because it
required ‘too much personal data’. In order to verify if a respondent was indeed a Tybee
resident or voter, it was necessary to have this information.
For 163 55%
Against 132 45%
DOGS ON THE BEACH ON TYBEE AUGUST 7, 20212
- Page 45 -Item #7.
Frequently Asked Questions - FAQs
1.Will dogs on the beach affect turtles?
NO! The turtle season is from May 1 to the end of October. The draft proposal to allow dogs
on the beach runs from 1 November through 31 March.
2.Will allowing dogs on the beach affect bird nesting?
NO! Birds nesting season is from April through August. Additionally, since dogs will be on leash
they will not disturb shorebirds as they are under owner control.
3.Why was the mid front beach selected?
Mid island was selected as it has large high defined dune fields and birds do not nest there.
The stretch of beach from 14th Street to Gullick (south end of the North Parking Lot) allows
residents to park at the north or south parking lots. This area is far from Tybee resident
homes due to the long crosswalks and extensive dune fields.
4.Why are dogs allowed only on leash?
Dogs are allowed only on leash to ensure safety of other dogs and humans. Being on a leash,
owners are more likely to collect and dispose of dog waste.
5.How will the proposed plan ensure owners pick up dog waste?
The plan is to have all dog owners be in possession of dog waste bags at all times. It is
BYOBags. A dog owner must be able to show to a code enforcement officer that he/she has
dog waste collection/bag/container at all times. If they do not, the code enforcement
officers may issue a citation. The City of Tybee will not be responsible for providing waste
bags or specially marked waste cans. Waste bags should be deposited in landfill receptacles.
Responsibility of Dog Owners
Owners must be present at all times and ensure their dog is non-aggressive and under voice
control. Dogs on leash only.
Owners must have bags on them at all times to collect dog feces and dispose of it off beach
in marked trash containers. Tybee will not supply bags. BYOBags.
Responsibility of the City of Tybee
COTI would announce the new regulations on allowing dogs on the beach on their various
websites. The current ordnance would need to be temporarily changed.
COTI would post signage near the designated area on the beach which permits dogs
indicating rules and penalties for non-compliance.
Code Enforcement Officers would check compliance of BYOBags and issue tickets.
DOGS ON THE BEACH ON TYBEE AUGUST 7, 20213
- Page 46 -Item #7.
People contacted during the development phase
Name Location Affiliation
Jesse Petrea Atlanta GA State Representative
Mark Dodd Brunswick DNR Contacted - no response
Tim Keyes Brunswick DNR Wildlife Biologist
Alice Keyes Brunswick One Hundred Miles (OHM)
Abby Sterling Brunswick Shorebird Biologist with Manomet and OHM
Jill Gambill Georgia Sea Grant Possible support with intern/students for monitoring the pilot
Lisa Leege Georgia Southern Possible support with intern/students for monitoring the pilot
Ben Carswell Jeykyll Island Director of Conservation field visit undertaken
Dr. Harper Savannah Director of Animal Control for Chatham County
Diana Churchill Spanish Hammock Bird expert
Jack Franklin St Simons Park Maintenance Manager field visit undertaken
Monty Parks Tybee Council Member
Spec Hosti Tybee Council Member
John Branigan Tybee Council Member
Deb Barreiro Tybee DNR
Kathryn Williams Tybee Former Council Member
Jeannie Hutton Tybee Former Council Member
Alan Robertson Tybee Project Manager
Kim Fickes Tybee RV Park Officer Supervisor
Tammy Smith Tybee Turtle Project Manager (Contacted - No response)
Shawn Gillen Tybee City Manager
Nancy DeVetter Tybee Council Member
Shirley Sessions Tybee Mayor
DOGS ON THE BEACH ON TYBEE AUGUST 7, 20214
- Page 47 -Item #7.
Other Available Documents
1.Full report on the analysis of the Dogs on Tybee Survey by K. Williams PHD.
2.An email from D. Stuart Morelli, Deputy Legislative Counsel, Georgia General Assembly
fulfilling a request from Rep. J. Petrea “to the extent that Tybee Island would be
addressing dogs on public beaches, that is beaches owned or operated by the Town,
there probably isn’t really much of an issue. A local government has the home rule
authority to determine how its property is to be used, and to regulate, in a
nondiscriminatory manner, the public’s use of such property that is open to the public.”
3.Correspondence from professors at UGA and Georgia Southern demonstrating interest in
assisting in monitoring the “success” of the pilot project.
4.Correspondence from DNR Tybee and Brunswick stating in essence that it is up to the
Tybee City Council to make the determination if dogs can be allowed on the beach. DNR
stated that they have no jurisdiction on this issue.
5.A letter from Abby Sterling MANOMET/OHM providing data on when and where birds nest
and migrate on Tybee.
6.A list of 15 beaches visited or researched online to build the PRODOGS proposal. No
nearby beaches require a card/license/fee to have dogs on the beach. Most allow both
leashed and unleashed dogs in designated areas off season. Dog owners are required to
have control of their dogs and pick up and dispose of dog waste.
DOGS ON THE BEACH ON TYBEE AUGUST 7, 20215
- Page 48 -Item #7.
File Attachments for Item:
8. Award Leasing of Garbage Truck to Under CDL, $42,436.00
- Page 49 -Item #8.
C:\Users\Peter.Gulbronson\Appdata\Local\Microsoft\Windows\Inetcache\Content.Outlook\93XHKREH\Leasing Of Garbage Truck Memo.Docx
City of Tybee Island
Memorandum
To: City of Tybee Island City Council Members
From: Pete Gulbronson, City Engineer/Director of Infrastructure
Date: August 16, 2021
Re: Leasing of Garbage Truck
Background
The Department of Public Works is looking at a 5-year lease of a new 10 Cubic Yard Garbage
Truck, which does not require a CDL license, for the purpose of picking up trash cans from the
street side of the crossovers and parking lots.
Overview
The City solicited written quotes from four (4) companies on a lease of a new 10 Cubic yard
Garbage Truck with a maintenance program. The companies were as follows:
1. Adam’s Equipment Company, Inc.
2. Environmental Products Group
3. Heil Environmental
4. Under CDL
Adams Equipment Company, Inc. does not have any have any garbage trucks that met our
specifications.
Environmental Products Group returned a quote for a lease option with an annual payment of
$73,895.00. The quote and the specifications for the garbage truck are included in this
package.
Heil Environmental never returned a quote, even after multiple conversations with them.
Under CDL returned two quotes. One for a five-year lease and one for a six-year lease. The
five-year lease with the maintenance agreement was $42,436.00.
The City of Tybee Island received two (2) valid quotes and reviewed the specifications of each
Garbage Truck from Environmental Projects Group and Under CDL. Based on the quotes for
the 5-year lease, Under CDL was the low quote with an annual cost $42,436.00.
- Page 50 -Item #8.
C:\Users\Peter.Gulbronson\Appdata\Local\Microsoft\Windows\Inetcache\Content.Outlook\93XHKREH\Leasing Of Garbage Truck Memo.Docx
Summary
Funding for this equipment is in the City of Tybee Island’s Fiscal year 2022 approved budget,
adopted June 24, 2021. The account number 100-4210-52-2320: Vehicle/Equipment Leases,
has a budget of $50,000 for the lease of the garbage truck.
Recommended Next Steps:
I would recommend the award of the 5-year lease for the new Garbage Truck to Under CDL in
the amount of $42,436.00.
- Page 51 -Item #8.
File Attachments for Item:
9. Revocable License/Indemnity Agreement/Right-of-Way
- Page 52 -Item #9.
- Page 53 -Item #9.
- Page 54 -Item #9.
File Attachments for Item:
10. Travel Request: Out of state travel for two Campground staff to the National Association of
RV Parks and Campgrounds Outdoor Hospitality Conference and Expo in Raleigh, NC November
8-12, 2021. Budgeted under line item 555-6180-52-3500. $4,187
- Page 55 -Item #10.
- Page 56 -Item #10.
- Page 57 -Item #10.
- Page 58 -Item #10.
- Page 59 -Item #10.
File Attachments for Item:
11. Purchase of Gas Pumps for Safety Building. Budget Amendment forthcoming for
$31,185.88
- Page 60 -Item #11.
1
City of Tybee Island
Memorandum
To: Shawn Gillen and City of Tybee Island City Council Members
From: Pete Gulbronson, City Engineer/Director of Infrastructure
Date: August 19, 2021
Re: Purchase of Gas Pumps for Safety Building
Background
The City owned gas pumps, which were installed in 2014, are located at the Public Safety
Building have had reoccurring problem since they have been installed. The pumps have
required maintenance after lighting strikes, power outages, and normal everyday wear and tear.
Since May of 2016 the City has spent approximately $18,000 in repairs on twenty-three (23)
separate occurrences. In addition to the maintenance costs the City spends between $500 to
$800 a year on replacement keys for the pumps. These keys are required to access the fuel
pumps and due to exposure to sand and salt air they have a high failure rate.
In February of 2021 the City decided not to replace the pumps and set up a contract with Chu’s
Convenience Stores to purchase our fuel. In May of 2021 I was directed to look into purchasing
new gas pumps due to the high volume of traffic at Chu’s and the difficultly of City vehicles
fueling up.
Overview
Since we have a proprietary software package for the reporting of fuel usage with Meco I received
a quote for Meco, as a sole source provider for the purchase of new gas pumps. The quote for
the new gas pumps, updated Fuel Master software, installation of software and pumps, existing
data conversion, and all necessary materials and equipment was $31,185.88
Summary
Since this purchase of the gas pumps was not budgeted for in the approved Fiscal Year 2022
budget, a budget amendment will need to be performed to purchase the new gas pumps.
Recommended Next Steps:
I would recommend the award of the purchase and installation of the new fuel pumps to Meco in
the amount of $31,185.88.
- Page 61 -Item #11.
- Page 62 -Item #11.
File Attachments for Item:
12. Reimbursement Resolution
- Page 63 -Item #12.
- Page 64 -Item #12.
- Page 65 -Item #12.
- Page 66 -Item #12.
File Attachments for Item:
13. Resolution: 2021-06, STVR Moratorium
- Page 67 -Item #13.
1
RESOLUTION NO. _06-2021
MORATORIUM RESOLUTION LIMITING THE ISSUANCE OF OCCUPATIONAL
TAX CERTIFICATES OR ISSUANCE OF PERMITS FOR SHORT TERM VACATION
RENTALS
FOR A PERIOD OF SIX MONTHS WITH OPTIONAL EXTENSIONS
WHEREAS, the City of Tybee Island (the City) is a municipality duly organized and
existing under the laws of the State of Georgia; and
WHEREAS, the municipal government of the City is the Mayor and Council thereof; and
WHEREAS, the Mayor and Council have previously adopted ordinances to address issues
concerning short term vacation rentals; and
WHEREAS, in recent years the City has had a substantial increase of short term vacation
rental operations such that those establishments are over or near 40% of housing units existing on
Tybee Island imposing burdens on infrastructure including, but not limited to, water withdrawals;
and
WHEREAS, the operation of short term vacation rentals is the subject of ongoing studies
and analysis implicating zoning, regulatory and enforcement issues such that the Mayor and
Council find that a moratorium is necessary in order for the City, through its staff and elected
officials, to investigate and explore the impact of such operations and opportunities to improve the
quality of life for all residents and visitors to the City of Tybee Island; and
WHEREAS, the City has previously adopted numerous ordinances and resolutions
regarding identification procedures for short term vacation rentals, signage on properties for short
term vacation rentals, monitoring and regulating noise, water/sewer usage and enhancing
enforcement personnel activity. All these activities are intended to lessen the impact of the
vacation-oriented behavior of visitors when occupying rentals on the island in an effort to maintain
- Page 68 -Item #13.
2
a reasonable quality of life of permanent residents. In addition, as the City has purchased software
to better monitor and police short term vacation rentals and supported the formation of citizen
work groups to analyze and discuss short term vacation rentals; and
WHEREAS, the Mayor and Council find that the imposition of a moratorium for six
months on the issuance of any further permits for short term vacation rental locations is appropriate
in order for the City to investigate issues including water withdrawal impacts, zoning
improvements, infrastructure demands and to explore further methods of controlling or regulating
occupancy to a reasonable degree for such short-term rental operations; and
NOW THEREFORE BE IT RESOLVED, in open meeting, by the Mayor and Council
that for a period of six months from the effective date hereof, the City shall not issue any further
permits for the operation of or the identification of short term vacation rental properties or units as
defined by the ordinance of the City or the laws of the State of Georgia while the City undertakes
the investigation, data gathering and studies described above and as discussed in open meetings,
including, but not limited to meetings of the Mayor and Council of August 26, 2021.
BE IT FURTHER RESOLVED, the City will undertake its investigation in an expedited
manner but that if the investigation requires additional time for completion beyond the six month
period Mayor and Council may extend the restrictions on issuance of permits for the operation of
short term vacation rental properties for additional sixty-day periods upon adoption of an
appropriate extension resolution.
BE IT SO RESOLVED.
This _____ day of ______________, 2021.
CITY OF TYBEE ISLAND, GEORGIA
- Page 69 -Item #13.
3
X:\Clients\000572\000572\000001 - Ordinances\ORDIN
2021\08.18.21 - Moratorium - STVR.docx
By:____________________________________
SHIRLEY SESSIONS, Mayor
Attest:
_________________________________
City Clerk
- Page 70 -Item #13.
File Attachments for Item:
14. Resolution, 2021-07, Municipal Court/Probate Court Prosecutor, Andre Pretorious, Solicitor
Tybee Island Municipal Court
- Page 71 -Item #14.
A RESOLUTION APPOINTING ANDRE PRETORIUS
AS THE PROSECUTING ATTORNEY OF
THE MUNICIPAL COURT OF THE CITY OF TYBEE ISLAND,
GEORGIA PURSUANT TO O.C.G.A. §15-18-91 AND
SECTION 3.12 OF THE CHARTER OF THE
CITY OF TYBEE ISLAND
BE IT RESOLVED by the Mayor and Council of the City of Tybee Island, in open
meeting duly assembled on the ___ day of __________________, as follows:
1. Andre Pretorius is hereby appointed as the prosecuting attorney of the Municipal
Court for the City of Tybee Island, Georgia.
2. The appointment is effective for a term of twelve (12) months pursuant to the
applicable provisions of the Tybee Code and state law.
3. The prosecuting attorney may call upon the City Attorney or his designee to assist
with the prosecution of certain ordinance violations in the City and in the Municipal Court of the
City.
4. Within thirty (30) days of the effective date of this Resolution, the Municipal
Court Clerk or her designee and/or the Clerk of Council shall notify the Prosecuting Attorney’s
Council of the state of Georgia of this appointment as required under Georgia law.
5. This Resolution shall become effective upon its adoption.
SO RESOLVED, this the ____ day of ___________________, 2021.
CITY OF TYBEE ISLAND, GEORGIA
By: ___________________________________
Shirley Sessions, Mayor
ATTEST:
By: ___________________________________
Clerk of Council
Tybee/Resolutions/2021/prosecuting atty
- Page 72 -Item #14.
File Attachments for Item:
15. Second Reading, 2021-17 Tree Removal, Art VII, Land Development Code
- Page 73 -Item #15.
20210506/jrl
ORDINANCE NO. 2021-17
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE
ISLAND SO AS TO INCLUDE PROVISIONS REGARDING APPLICATIONS FOR TREE
REMOVAL PERMITS, INSPECTION OF TREE REMOVAL ACTIVITIES, PENALITIES
FOR IMPROPER TREE REMOVAL AND TO REPEAL INCONSISTENT OR
CONFLICTING ORDINANCES AND TO ESTABLISH AN EFFECTIVE DATE
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 ordinance 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 desirable that the requirements be established for tree removal so
as to ensure that sufficient trees and vegetation remain on any developed parcel of land
and that those individuals performingmforming tree removal do so in a professional and
responsible manner and;
WHEREAS, it has become important to ensure that the permitting process
and implementation of tree removal permits , be strengthened so that violations will be
more preventable; and;
NOW THEREFORE, it is hereby ordained by the governing authority of the City
of Tybee Island duly assembled as follows:
- Page 74 -Item #15.
20210506/jrl
SECTION I
Existing Tybee Code Sections identified as Article VII of Appendix A-Land
Development Code “Tree Removal Regulations” Sec 7-090 is hereby amended with the
addition of Subsections (D) and (E) which provides as follows:
(D) Any person who has been adjudged to have violated previous tree removal
permits two or more times within three years shall be denied future tree removal permits
pursuant to Section 7-040 or any other permit under the Lland Development Code for
three (3) years and may further be subject to additional restrictions or requirements for
any future permit issued. Additional restrictions or requirements that may be imposed
shall be determined by the permitting official taking into account the circumstances of
the current or pending application, the nature and extent of removal requested at the
location, as well as other relevant factors as determined by the permitting official and may
include additional monitoring of the removal process and specific tree marking for clarity
of intended process.
(E) Any person who has violated the ordinance by removing trees without a permit
for removal, either directly or indirectly, including an owner or contractor, and in addition
to all other penalties, fines or sentences imposed, shall not be eligible for a building or
other permit for a period of two (2) years from the date of an adverse adjudication against
the applicant for an unpermitted removal.
Sec. 7-090 – Penalties for unlawful tree removal.
(Ord. No. 12-2012, 4-26-2012)
SECTION IIIIIV
All ordinance and parts of ordinances in conflict herewith are expressly repealed.
Formatted: Justified
- Page 75 -Item #15.
20210506/jrl
SECTION IIIV
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
Ordinance, City of Tybee Island, Georgia, and the sections of this ordinance may be
renumbered to accomplished such intention,
This Ordinance shall become effective on ____ day of _____, 2021.
ADOPTED THIS _____ DAY OF ______ 2021.
_____________________
MAYOR
ATTEST:
________________
CLERK OF COUNCIL
FIRST READING: __________
SECOND READING: __________
ENACTED: __________
- Page 76 -Item #15.
20210506/jrl
X:\Clients\000572\000572\000001 - Ordinances\ORDIN
2021\08.16.2021 Tree Redline .docx
- Page 77 -Item #15.
File Attachments for Item:
16. Second Reading, 2021-18, Chapter 42-67, Marijuana
- Page 78 -Item #16.
ORDINANCE NO.: 2021-_____
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES RELATING TO
OFFENSES AND ADMINISTRATIVE PENALTIES IN ORDER TO ESTABLISH A CIVIL
ADMINISTRATIVE VIOLATION FOR THE POSSESSION OF LESS THAN AN OUNCE OF
MARIJUANA AND TO PROVIDE PENALTIES FOR POSSESSION OF MARIJUANA; TO
REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, TO ESTABLISH AN
EFFECTIVE DATE AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers; and
WHEREAS, the City of Tybee Island has established a process for disposing of ordinance
violations that are civil in nature and/or administrative penalties; and
WHEREAS, enacting this ordinance concerning the offense of possession of marijuana in
an amount less than one ounce is intended to enhance public safety and eliminate cost by reducing
the amount of time police officers and others spend in connection with the arrest, processing and
transportation of the accused in a possession of marijuana offense; and
WHEREAS, the enactment of this ordinance concerning the offense of possessing of small
amounts of marijuana is intended to prevent young people from entering the criminal justice
system and avoiding the enduring stigma associated therewith; and
- Page 79 -Item #16.
04.14.21 Marijuana Ordinance
WHEREAS, the City intends for this change to diminish the impact of both future and prior
marijuana convictions by reducing possession of small amounts of marijuana to city ordinance
convictions, allowing such charges and convictions to be restricted by the Tybee Island P olice
Department and the Georgia Crime Information Center and sealed by the Tybee Island Municipal
Court so that such charges will not be part of the public record; and
WHEREAS, is hereby created any code section to amend the code of ordinances of the
City of Tybee Island to create a Section 42-67 which shall hereafter provide as follows:
NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee
Island as follows:
SECTION I
That Chapter 42 relating to offenses and miscellaneous provisions is hereby amended so
as to establish a Section 42-67 as follows:
42-67 Marijuana
It shall be unlawful for any person to possess one ounce or less of marijuana within the
corporate limits of the City of T ybee Island. Any person determined to be in violation of this
prohibition shall be subject to a civil penalty not to exceed $150.00 for a first offense. No person
adjudicated in connection with an offense under this ordinance shall be arrested or subject to any
form of imprisonment or confinement. Community service in lieu of a fine is applicable to any
violation hereof under appropriate circumstances, including but not limited to financial means of
the offender.
SECTION II
Should a municipal court case result under this provision, the court shall consider dismissal
upon payment of the appropriate fine or completion of community service.
SECTION III
Within six months of the effective date of this ordinance, the City Manager will review
with staff, including the Clerk of the Tybee Island Municipal Court, and shall report to Council
- Page 80 -Item #16.
04.14.21 Marijuana Ordinance X:\Clients\000572\000572\000001 - Ordinances\ORDIN
2021\08.18.21 Marijuana Ordinance - NDV Edits.docx
with a recommendation regarding potential procedures and timeline for record restriction and
sealing of prior misdemeanor convictions for possession of marijuana.
SECTION IV
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION V
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 VI
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.
ADOPTED THIS __ DAY OF ___ , 2021.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
- Page 81 -Item #16.
File Attachments for Item:
17. First Reading, 26-2021, Regulatory Fees for Alcohol Licenses
- Page 82 -Item #17.
ORDINANCE NO.: _26-2021____, 2021
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE
CITY OF TYBEE ISLAND CONTAINED IN SECTION 58 ADDRESSING
REGULATORY FEES FOR ALCOHOL LICENSES AND FOR OTHER
PURPOSES INCLUDING THE ESTABLISHMENT OF AN EFFECTIVE DATE
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers; and
SECTION I
Section 58-179 is hereby revised as follows:
Any business of the type listed below operating within the city shall pay a regulatory fee,
even if such business has paid a business tax in Savannah, Tybee Island or another jurisdiction,
and regulatory fees as defined in section 58-154(b) are established for those businesses operating
within the corporate limits of the city, according to the following schedules:
Alcoholic Beverages
SIC License Classification Fee
5813 Retail beer/wine - sale by package only; consumption on
premises prohibited
$2,250.00350.00
5839 Retail beer/wine - sale by drink for consumption on premises
only
$1,500.00575.00
5815 Retail liquor - sale by package only; consumption on
premises prohibited
$2,250.00850.00
5816 Retail liquor - sale by drink for consumption on premises
only
$3,.000.001,250.00
5818 Retail liquor - sale by package and drink both in one building
under one ownership
$2,000.00
5881 Wholesale beer $765.00
5183 Wholesale liquor $1,500.00
5182 Wholesale wine $150.00
2080 Distiller, brewer, or manufacturer of alcoholic beverages $300.00
- Page 83 -Item #17.
Special event - beer, wine, liquor; special event - beer, wine,
liquor (establishments not holding current license)
$50.00 per day;
$100.00, 3-day
Special event - beer, wine, liquor (establishments holding
current license)
$10.00 per event
Sunday sales for package only, in addition to all other
regulatory fees and taxes
$50.00
Sunday sales – sale by drink for consumption on premises,
in addition to all other regulatory fees and taxes
$150.00
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.
ADOPTED THIS ____ DAY OF _________________, 2021.
______________________________
MAYOR
ATTEST:
_______________________________
CLERK OF COUNCIL
FIRST READING: ________
SECOND READING: ________
ENACTED: ________
- Page 84 -Item #17.
- Page 85 -Item #17.
File Attachments for Item:
18. First Reading, 2021-23, STVR Occupancy Rate
- Page 86 -Item #18.
ORDINANCE NO.: _23____, 2021
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE
CITY OF TYBEE ISLAND CONTAINED IN SECTION 34 ADDRESSING
SHORT TERM RENTAL PROPERTIES TO ESTABLISH OCCUPANCY
STANDARDS FOR THE APPLICATION OF IDENTIFICATION, FEES OR
CHARGES BASED ON OCCUPANCY AND FOR OTHER PURPOSES
INCLUDING THE ESTABLISHMENT OF AN EFFECTIVE DATE
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers; and
SECTION I
Section 34-262 is hereby amended to delete a provision in subsection (a) and to add in
addition to the existing provisions subsection "(f)" as set forth below:
(a) The short-term vacation rental application shall be accompanied by an initial regulatory fee
and be subject to an annual fee every January 1 thereafter, as established by the mayor and
city council.
The regulatory fee shall be $100.00 per rental unit. An application, initial or renewal, is
valid when completed and filed along with payment of the application regulatory fee set
forth below. The fee shall be due January 1 of each year for short-term rental purposes and,
if not paid within 90 days thereof, shall be subject to the delinquency and penalty provisions
of section 58-163, as applicable, to occupation tax/business license provisions as well as the
revocation of any right to use the unit for short-term rental purposes until payment of the
penalties and fee. In addition to the regulatory fee license as specified herein, the applicant
shall also pay the required occupation tax each year.
(b) Each property or unit shall be issued a unique property identification number.
(c) Failure to apply and/or identify as prescribed by this law will result in a fine of $500.00 for
each month that the unit continues to operate without compliance.
(d) The annual identification of a unit and the regulatory fee are not transferrable. In the event
ownership of a unit changes, and even if there is no change in the management company
managing the unit, the fee upon ownership change shall be $100.00, if the change occurs
prior to July 1 of the year $50.00 if after July 1 of the year.
- Page 87 -Item #18.
(e) In the event a management company changes, the unit is to be re-identified by notice to the
city and the regulatory fee will be $50.00, if the management company change is after July
1; otherwise, the fee is $100.00.
(f) Each applicant will pay a regulatory fee that is determined based upon the occupancy of the
property to which the short-term rental application applies. Every applicant will pay a
$200.00 base fee. In addition to the base fee, each applicant will be responsible for an
additional occupancy fee based upon the rental unit’s occupancy. As part of the application,
the applicant shall disclose the total occupancy for the rental unit. A fee will be charged for
each person under the tiers below:
Total Occupancy of 1 – 5 persons - $10.00 per person
Total Occupancy of 6 – 10 persons - $15.00 per person
Total Occupancy of 10 or more - $20.00 per person
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.
ADOPTED THIS ____ DAY OF _________________, 2021.
______________________________
MAYOR
ATTEST:
_______________________________
CLERK OF COUNCIL
FIRST READING: ________
SECOND READING: ________
- Page 88 -Item #18.
X:\Clients\000572\000572\000001 - Ordinances\ORDIN
2021\08.16.21 Amended STVR ordinance - Occupancy Rate.docx
ENACTED: ________
08.02.21 Amended STVR ordinance
- Page 89 -Item #18.
File Attachments for Item:
19. First Reading, 2021-24, Motorized Carts
- Page 90 -Item #19.
ORDINANCE NO. 2021 ______-24
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE
CITY OF TYBEE ISLAND SO AS TO AMEND SECTIONS 66-8(b)(1) and 66-
8(b)(7) REGARDING MOTORIZED CART USAGE, INSPECTIONS AND
REGULATIONS SO AS TO REVISE THE TERMS THEREOF AND TO
REQUIRE THE REGISTRATION OF MOTORIZED CARTS WITHIN 24
HOURS OF THE DATE OF PURCHASE, ACQUISITION OR ENTRY INTO
THE CITY AND TO PROVIDE FOR RELATED CHANGES TO PARKING OF
SUCH CARTS
WHEREAS, the duly elected governing authority for the City of Tybee
Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the
Constitution of the State of Georgia to adopt reasonable ordinances to protect and
improve the public health, safety, and welfare of the citizens of Tybee Island,
Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee
Island, Georgia, is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its
police and home rule powers; and
NOW, THEREFORE, it is hereby ordained by the governing authority of
the City of Tybee Island that Section 66-8(b)(1) be amended so that hereafter it
will read as follows:
SECTION 1
66.8(b)(1) Registration. It shall be the duty of every owner of a motorized
cart that is operated over the streets and those areas accessible by the public to
- Page 91 -Item #19.
07.30.21 (REDLINE) Golf Cart Ordinance
register the cart with the city within ten business days4824 hours of the date of
purchase cart's arrival into the city whether by purchase, or acquisition or transport.
The registration shall be effective for twelve months from the date of issuance of the
decal. Thereafter, an owner is required to renew the registration of the motorized
cart every twelve months.
When registering the motorized cart initially and for any subsequent annual
renewal, the owner shall present the motorized cart to the police department for an
inspection. Only those motorized carts which pass inspection will be issued a
registration decal.
As part of the initial registration process and subsequent annual renewals, the
owner must provide proof of liability insurance covering the motorized cart in an
amount equal to the minimum liability limits set by the state for automobiles. An
owner must maintain liability insurance on the motorized cart at all times. If a
motorized cart is operated on the streets and public areas of the city without the
appropriate insurance, the owner is subject to citation.
Numerical decals shall be issued upon registration; and a record of each
motorized cart number, along with the name and address of the owner, shall be
maintained by the police department. The registration fee for motorized carts used
in the city shall be $15.00. Owners are responsible to renew their registration every
Formatted: Indent: First line: 0.5"
- Page 92 -Item #19.
07.30.21 (REDLINE) Golf Cart Ordinance
year including having the motorized cart inspected, payment of the $15.00 fee and
providing proof of insurance.
Any person who is found operating an unregistered motorized cart on the city
streets and public areas will be subject to citation.
Numerical decals shall be issued upon registration; and a record of each motorized
cart number, along with the name and address of the owner, shall be maintained by
the police department. The registration fee for motorized carts used in the city shall
be $15.00 and the registration shall be effective until such time as the cart is sold or
otherwise disposed of.
SECTION 2
66-8(b)(7) is amended so as to hereafter read as follows:
Motorized carts must observe the parking regulations and ordinances
applicable to motorized vehicles and all parking therefor shall be by payment of the
appropriate charge for parking in authorized parking places and/or the display of a
valid decal for parking. All unregistered carts are subject to citation for the failure
to pay and/or register timely for parking in authorized places and no unregistered
cart shall have a legitimate parking decal until the cart is registered as required by
this ordinance.
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly
repealed.
SECTION 4
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Smoking Ordinance.docx
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 5
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.
ADOPTED THIS DAY OF , 2021.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
- Page 94 -Item #19.
File Attachments for Item:
20. First Reading, 2021-25, STVR Parking
- Page 95 -Item #20.
ORDINANCE NO.: _____, 2021
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE
CITY OF TYBEE ISLAND CONTAINED IN SECTION 34 ADDRESSING
SHORT TERM RENTAL PROPERTIES TO REQUIRE PARKING PLANS BE
SUBMITTED AS PART OF THE APPLICATION AND FOR OTHER
PURPOSES INCLUDING THE ESTABLISHMENT OF AN EFFECTIVE DATE
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers; and
SECTION I
Section 34-261(c) is hereby amended so as to establish an additional subparagraph to be
designated as subparagraph "8" which will hereafter provide as follows:
(8) Applicant shall submit a parking plan which shall provide for not less than 1
parking place per bedroom on the property as established from the property card
of the tax assessor's record. Further, the applicant's parking plan shall include
parking for not less than 1 parking space per _____ square feet of an area
adaptable as sleeping spacesoccupant. Each parking spot designated shall be
established by the use of a current professional survey with an off-street parking
plan sufficient for and consistent with the provisions of LDC Section 3-080 OFF-
STREET PARKING REQUIREMENTS. Any residence or property sought to
be used as a short term vacation rental may not be permitted in the absence of a
determination by city staff that the parking plan is in conformity with the
requirements hereof and applicable to the standards of a residential use of
property including access. The survey submitted must be current; must show the
corners of the property with off-street parking spots or locations designated and
depicted on the plan. Staff may reject any application or may approve an
application with conditions designed to protect neighboring properties and
households including, but not limited to, restricting the number of vehicles
allowed to be parked onsite, the location of vehicle parking, the type of vehicles
permitted for the location and, if appropriate, security measures, buffers, noise
control methods and other conditions or requirements designed to lessen the
impact of activity upon other property or citizens.
- Page 96 -Item #20.
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.
ADOPTED THIS ____ DAY OF _________________, 2021.
______________________________
MAYOR
ATTEST:
_______________________________
CLERK OF COUNCIL
FIRST READING: ________
SECOND READING: ________
ENACTED: ________
- Page 97 -Item #20.
File Attachments for Item:
21. First Reading, 2021-27, Motorized Vehicle Access Back River Boat Ramp
- Page 98 -Item #21.
ORDINANCE NO.: _____, 2021
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE
CITY OF TYBEE ISLAND CONTAINED IN SECTION 12 ADDRESSING USE
OF MOTORIZED VEHICLES ON THE BACK RIVER BOAT RAMP AND FOR
OTHER PURPOSES INCLUDING THE ESTABLISHMENT OF AN
EFFECTIVE DATE
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers; and
WHEREAS, it is important for public safety and efficient use of the public boat ramp to
have established times for certain types of access; and
NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee
Island as follows:
SECTION I
Section 12-1(a)(5) is hereby revised so as to provide as follows:
(5) Motorized vehicles. It shall be unlawful for any person to take any motorized vehicle on to
the beaches or structures erected thereon. This includes automobiles, trucks, motorcycles,
all-terrain-vehicles and similar motor driven vehicles and craft. This do es not include
properly marked emergency vehicles while in the course of an emergency operation, or
maintenance/utility vehicles in the employ of the city or similar governmental entity and
engaged in a legitimate operation.
Motorized vehicles may be used on the Back River Boat Ramp and surrounding beach area
for the sole purpose of ingress and egress of watercraft in and out of the water. Any
motorized vehicle must be removed promptly after the watercraft is launched into or
retrieved from the water. However, no motorized vehicles may be used for any purpose
on the Back River Boat Ramp and surrounding beach area on weekends which is defined
as _____ Friday through ______ Sunday beginning Memorial Day weekend through Labor
Day weekend.
- Page 99 -Item #21.
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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.
ADOPTED THIS ____ DAY OF _________________, 2021.
______________________________
MAYOR
ATTEST:
_______________________________
CLERK OF COUNCIL
FIRST READING: ________
SECOND READING: ________
ENACTED: ________
- Page 100 -Item #21.
File Attachments for Item:
27. Peter Gulbronson/Shawn Gillen: Construction of Polk Street south of Highway 80 FOR
DISCUSSION ONLY
- Page 101 -Item #27.
41 Park of Commerce Way, Suite 101 / Savannah, Georgia 31405
T 912.443.5896 F 912.443.5898 / rlandc.com
27 April 2021
Georgia Department of Natural Resources
Coastal Marshlands Protection Committee
Attn: Commissioner Mark Williams - Chair
mark.williams@dnr.ga.gov
Subject: Committee Request for Additional Information RLC# 08-028
Polk Street Maintenance
Chatham County, Georgia
Dear Commissioner Williams:
During the 11 December 2020 Coastal Marshlands Protection Committee (CMPC) Meeting, a request was made by
the committee to provide seven additional items to facilitate review of the proposed Polk Street Maintenance
Project. The following provides a brief outline of each item requested by the committee and a description of the
information provided by the applicants.
1. A current topographic survey of the project corridor: For review, we have attached the 2010 topographic
survey completed by Bert Barrett (retired) and the 2021 topographic survey completed by Atlas Surveying.
A brief comparison of the two surveys documents minimal change in site conditions since 2012.
2. Soil volume calculation need for the driveway: Using the 2021 survey the volume of fill material required
for the project totals 917 cubic yards.
3. Hydrologic survey updated: See attached 2021 hydrological and ecological assessment completed by Nutter
& Associates, Inc. (NAI). As documented in the report NAI concludes:
o Road erosion will be mediated by limiting inundation to the marsh area only,
o Sedimentation within the marshes will decrease due to road repair and stabilization,
o Marsh hydrology on the west and east sides of the road will be largely unaffected as the
primary water sources are independent and not obstructed by the roadway,
o Marsh ecology will not be adversely affected as the areas west and east of the road are already
mostly independent systems and the installation of culverts will provide connectivity between the
two areas,
o Essential Fish Habitat will not be impacted as the footprint of the road is not expanding and,
o Safe and reliable transportation will be provided to the residents of Tybee Island.
4. Include 172 feet of western portion of driveway in project impact. The attached revised permit drawings
incorporate the 172 feet of roadway into the overall project.
5. Identify persons responsible for maintenance: As documented during the December CMPC meeting, the City
of Tybee will be responsible for maintaining their property and Mr. Leonard will be responsible for
maintaining his property.
6. Provide a description of what maintenance will include: The maintenance plan for the roadway will include
maintaining a crown on the gravel drive surface in the center of the road with a surface slope to encourage
good surface drainage, maintaining the surface to minimize ruts, potholes and gravel ridges at roadsides
that can trap water and maintaining potholes have occurred by excavating and filling the hole with layers
of gravel, compacting each layer of gravel as it is added. During any maintenance inspections, side slopes
will be reviewed to confirm stability and any areas (outside of CMPA jurisdiction) experiencing erosion will
- Page 102 -Item #27.
be stabilized. Lastly, an inspection of the road will occur following major hurricane events. Note any
maintenance activities which require disturbance within CMPA jurisdiction will be coordinated with CRD
and appropriate authorization will be obtained prior to performing the necessary maintenance activity.
7. Provide analysis of wooden bridge for all or portions of the project: Thomas & Hutton was retained to
complete a cost assessment for maintenance design alternatives including road fill, concrete bridge and
wooden bridge. As documented in the attached exhibits the estimated project costs are as follows:
Maintenance Design Estimated Unit Cost Estimated Cost
Road Fill (460 lf) $3.40/sf $32,769.00
Concrete Bridge (460 lf) $250/sf $1,725,000.00
Timber Bridge (460 lf) $215/sf $1,483,500.00
Concrete Bridge (three sections/319 lf) $325/sf $1,555,125.00
Timber Bridge (three sections/319 lf) $275/sf $1,315,875.00
If you have any questions or require additional information to publish the public notice, please do not hesitate to
contact us at (912) 443-5896.
Sincerely,
Alton Brown, Jr.
Principal
Resource & Land Consultants
cc: Mr. Zachary Harris
Mr. Chad Barrow
Mr. Brad Brookshire
Mr. Davis Poole
Ms. Deb Barriero
Mr. Shawn Gillen - City of Tybee
Mr. Bubba Hughes – City of Tybee
Mr. Bill Glass – Weiner Shearouse
Mr. Mike Leonard
Mr. Mike Smith
Mr. Cody Hale – Nutter & Associates
Mr. Downer Davis
Mr. John Giordano – Thomas & Hutton
- Page 103 -Item #27.
ATTACHMENT A 2012 Barrett Survey & 2021 Atlas Survey
- Page 104 -Item #27.
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ATTACHMENT B Nutter & Associates Hydrology Assessment
- Page 107 -Item #27.
NUTTER + ASSOCIATES
TECHNICAL MEMORANDUM NO. 21-002
PREPARED FOR: Alton Brown
Resource and Land Consultants
PREPARED BY: V. Cody Hale, Ph.D., PH
Lauren Monda, M.S.
DATE: April 5, 2021
SUBJECT: Update to 2014 hydrological and ecological assessment of proposed
Polk Street maintenance project, City of Tybee Island, Georgia.
CONTENTS
1.0 INTRODUCTION ........................................................................................................................ 1
2.0 CURRENT SITE CONDITIONS ...................................................................................................... 1
3.0 METHODS ................................................................................................................................. 2
4.0 PROJECT ASSESSMENT ............................................................................................................. 2
4.1 Hydrological Considerations ............................................................................................... 3
4.2 Ecological Considerations ................................................................................................... 4
4.3 Other Considerations .......................................................................................................... 5
5.0 CONCLUSIONS ........................................................................................................................... 5
Appendix A. Hydrological and ecological assessment of proposed Polk Street maintenance
project, City of Tybee Island, Georgia.
- Page 108 -Item #27.
NUTTER + ASSOCIATES i
LIST OF FIGURES
Figure 1. Vicinity map of Polk Street project, Tybee Island, Georgia.
Figure 2. Stilling well locations and RTK base station within the vicinity of the Polk Street
study area.
Figure 3. Minimum and maximum HH tides measured at the NOAA Fort Pulaski, Georgia tide
gage (Station ID 8670870) during the 2021 data collection period relative to daily
HH tide elevations measured in the 14-month period (January 2020 to February
2021) prior to data collection.
Figure 4. Daily tidal elevations relative to Mean Lower Low Water (MLLW) at the NOAA Fort
Pulaski, Georgia tide gage (Station ID 8670870) from September 1st, 2020 to
February 28th, 2021.
Figure 5. Water surface elevations recorded at Well 1E, 1W, 2E, 2W, and Creek from January
28th, 2021 to February 2nd, 2021.
Figure 6. Water surface elevations recorded during the rising limb and peak of the maximum
HH tide event recorded during the (A) 2021 and (B) 2014 data collection period at
all wells.
Figure 7. Primary water flowpaths into study area under current conditions.
Figure 8. High tide observed and recorded at Well 1E, 1W, 2E, 2W, and Creek during data
collection on January 29th, 2021.
Figure 9. Mean monthly sea level without the regular seasonal fluctuations reported by
NOAA at the Fort Pulaski, Georgia tide gage (Station ID 8670870).
- Page 109 -Item #27.
NUTTER + ASSOCIATES 1
1.0 INTRODUCTION
Nutter and Associates, Inc (NAI) was contracted by Resource and Land Consultants (RLC) on
behalf of the City of Tybee Island, Georgia in response to the Georgia Department of Natural
Resources (DNR) Coastal Marshlands and Shore Protection Committee’s motion issued on
December 11th, 2020. The motion requested an update to the City’s Coastal Marshlands
Protection Act Application to perform maintenance and improvement to Polk Street, a roadway
jointly owned by the City of Tybee Island and Mr. Michael E. Leonard. The road way connects
Highway 80 to Mr. Leonard’s private property which consists of two structures, one serving as
Mr. Leonard’s primary residence.
A previous study was conducted in 2014 by NAI as documented in Technical Memorandum 13 -
079.01 with subject “Hydrological and ecological assessment of proposed Polk Street
maintenance project, City of Tybee Island, Georgia.” The December 2021 motion requested the
previous study be updated to ensure the analysis reflects current site conditions following
recent hurricane activity and adequately evaluates the project’s potential to affect the
surrounding salt marsh and aquatic ecosystem.
2.0 CURRENT SITE CONDITIONS
Polk Street lies on the northern side of Tybee Island, in Chatham County, Georgia. The roadway
extends south from Highway 80, ending where it meets the private driveway that provides
access to a hammock occupied by Mr. Leonard’s property (Figure 1; Polk Street and the private
driveway, together, are referred to as “road” or “roadway” hereaft er). Directly south, east, and
west of the hammock, Chimney Creek feeds a dendritic network of small tidal creeks that
convey water onto and off of the marsh surrounding the Leonard property (Figure 1). The
roadway is elevated above the surrounding marsh for approximately 200 feet south of Highway
80. From approximately 200 feet to 700 feet south of Highway 80, the roadway has eroded to
elevations at or below the surrounding marsh, allowing near-average high tides to inundate the
road up to twice a day (Figure 1). Road erosion has continued since the 2014 study was
conducted, exacerbated by several tropical storms and deepening multiple depressions along
the road corridor.
Typical salt marsh vegetation consisting primarily of needlegrass rush (Juncus roemerianus),
smooth cordgrass (Spartina alterniflora) and saltwort (Salicornia sp.) lies on either side of the
roadway with the roadway itself absent of vegetation. Various species of fish and shellfish were
observed in the marsh. Other wildlife that depend on salt marshes and estuaries for habitat
include birds such as the great blue heron (Ardea herodius), bald eagles (Haliaeetus
- Page 110 -Item #27.
NUTTER + ASSOCIATES 2
leucocephalus), clapper rails (Rallus longirostris), sparrows, and various ducks
(Georgiawildlife.com). For more information on gen eral site characteristics, see Section 2 of
the 2014 report (Appendix A).
3.0 METHODS
On January 28th, 2021, five stilling wells were installed and instrumented with HOBO® water
level sensors to continuously monitor tidal elevations at key locations on the project site (Figure
2). Two stilling wells were deployed east of Polk Street (1E and 2E) while two others were
deployed west of the road (1W and 2W). The fifth stilling well (Creek) was installed on the bank
of Chimney Creek at the southern end of the Leonard property (Figure 2). Water depths were
logged over a five-day period, capturing approximately ten tidal cycles.
A Nikon Total Station® was used to survey elevations for each stilling well, the salt marsh
ground surface and the roadway surface. A survey-grade real-time kinematic (RTK) GPS was
used to survey a fixed point within the project area t o convert relative water levels to a vertical
datum (NGVD29) to allow comparison of water surface elevations. Visual observations of site
conditions, hydrological dynamics and ecological characteristics were documented within and
around the project area during high and low tide.
4.0 PROJECT ASSESSMENT
NAI repeated the hydrological and ecological assessment from 2014, evaluating the potential
effect of road maintenance and improvement on the surrounding salt marsh. Polk Street has
served as a city road and primary driveway for two Tybee Island residents for over 60 years. The
roadway has been subject to significant erosion over the years , resulting in a roadway that
becomes inundated during average or greater high tide events.
Higher high (HH) tidal elevations during the 2021 data collection period ranged from a
minimum of 4.04 feet to a maximum HH of 5.05 feet relative to MSL (Figure 3). Even though HH
tidal elevations for the 2021 data collection period were slightly lower than HH tides recorded
during the 2014 data collection period, NOAA gage data at Fort Pulaski, Georgia (Station ID
8670870) indicates the 2021 study captured above average tides (Figure 4). This allowed the
study observations to occur during connectivity between the marsh on the west and east side
of the roadway.
- Page 111 -Item #27.
NUTTER + ASSOCIATES 3
4.1 Hydrological Considerations
Water level data for ten high tides and nine low tides were recorded over a five -day period
between January 28th, 2021 at 17:00 and February 2nd, 2021 at 16:00 (Figure 5). All five wells
were subject to tidal fluctuations with Well 1W reflecting persistent inundation throughout the
data collection period due to its location within an excavated canal.
Several of the recorded flood tides did not reach an elevation high enough to inundate the
marshes adjacent to the roadway (Figure 5). Using corresponding tidal elevations recorded by
NOAA at Fort Pulaski (Station ID 8670870), it is estimated that the marsh areas immediately
adjacent to the roadway are inundated by approximately 24% to 38% of high tides (as inferred
from data collected between January 2020 and February 2021) while the roadway is inundated
far more often as a significant portion of the road lies below marsh elevations (as demonstrated
in Figure 5).
When peak tidal elevation was high enough to inundate the roadway and marshes, the timing
of flood tide arrival was similar for all wells (taking into account the different elevations) with
the exception of Well 1W, which showed a consistent one-hour delay behind the initial water
surface elevation increases in the creek. This behavior is attributed to the longer flow path and
additional water volume required to inundate the canal at Well 1W. Water surface elevations at
all other wells showed similar inundation patterns as observed in the 2014 data, where all wells
reached peak high tide elevation simultaneously (Figure 6).
Currently, several tidal channels convey water from Chimney Creek onto the marsh, east and
west of the road (Figure 7). A western tidal channel feeds a network of smaller channels that
distribute tidal water to the marsh west of the road while the marsh east of the road is fed by a
single, substantial tidal channel lying northeast of the Leonard property. Tidal water sources
feeding the marsh on either side of the roadway act as independent connections to Chimney
Creek.
Direct visual observations of tidal dynamics were made at low tide on January 28th and high tide
the morning of January 29th, 2021. During low tide, the marshes and roadway were dry with the
exception of the excavated canal surrounding Well 1W and a few pools of residual tidal water
isolated in depressions along the roadway. In contrast, during high tide, the marsh on either
side of the road was inundated with several inches of water and water depths in the roadway
ranged up to approximately 24 inches.
- Page 112 -Item #27.
NUTTER + ASSOCIATES 4
The marsh on the west and east side of the road were inundated by tidal waters moving from
Chimney Creek. The marsh on the west side of the road was serviced by water moving eastward
out of the network of tidal channels to the west. The marsh on the east side of the road
received water that was moving north via an arm of Chimney Creek. As the tide reached peak
elevation, a minimal amount of flow was observed moving east across the road between
approximately 8:45am and 9:00am (Figure 8). For context, the amount of flow observed moving
across the road was so minimal that it was difficult to discriminate whether it was due to wind
or if it was a result of head gradients. During the ebb tide, t he road served as the breakpoint for
flow directed south and west. Tidal water from the marsh on the east side of the road receded
south via the roadway while the marsh of the west side of the road receded west, further
confirming water sources not only inundate the marsh independently , but also drain the marsh
independently.
Road improvement and maintenance plans include the installation of three 18-inch culverts
under the repaired roadway. Although the marshes have independent tidal sources, the
culverts will provide an opportunity for hydrological and ecological connectivity during high tide
(Figure 7).
Given the data collected in the field, we do not expect the Polk Street road maintenance and
improvement to have a significant impact on the hydrology of the surrounding marsh
ecosystem. Simultaneous peak tide arrival indicates the marsh areas are inundated
independently as is expected with the different tributary creek networks that service the east
and west marsh areas from Chimney Creek. Tide waters do not flow across the roadway except
for a short duration during peak high tide (approximately 15 minutes but will vary depending on
tide magnitude and wind conditions). Culvert installation will provide opportunities for
hydrological connection between the marsh areas east and west side of the road. Further,
according to the 2014 NAI study, road improvement is expected to displace less than 0.5% of
the total volume of water present within the marsh west and east o f the road at high tide.
4.2 Ecological Considerations
Native flora and fauna species characteristic of salt marsh habitat rely on and have adapted to
the natural hydrological and water quality variability caused by the semidiurnal tides along the
Georgia coast. Tidal marshes provide important ecological functions, such as providing nursery
and feeding habitats for terrestrial and aquatic fauna, providing water quality functions, such as
carbon export and nutrient and contaminant sequestration, and prov iding attenuation of high-
water events.
- Page 113 -Item #27.
NUTTER + ASSOCIATES 5
The National Oceanic and Atmospheric Administration (NOAA) Essential Fish Habitat Mapper
(habitat.NOAA.gov) suggests Essential Fish Habitat (EFH) exists near Chimney Creek and the
marshes immediately adjacent to the creek. EFH is defined as habitat necessary for fish and
other aquatic species to survive and reproduce, primarily protecting wetlands, coral reefs,
seagrasses and rivers. EFH does not exist near the roadway and will not be affected by the road
maintenance project.
Another notable consideration is that the current condition of the eroded roadway surface is
adversely affecting aquatic life. As the tide recedes, small fish and other organisms become
trapped once depressions in the roadway form isolated pools of water. These organisms are
then subject to easy predation or death or injury by vehicular traffic or lack of water as it
eventually infiltrates and/or evaporates.
Ecological connection between the marshes near the study area and Chimney Creek will be
maintained through existing primary flow paths, ensuring habitat isolation will not occur
following roadway improvement. As such, fish usage of the marsh areas near the roadway are
also not anticipated to change. Further, aquatic life will be protected from increased predation
and isolation once the road improvement plan is implemented.
4.3 Other Considerations
Sea level rise could affect the structural integrity of the improved roadway over time. The
NOAA Fort Pulaski tide gage has been monitoring sea level since the 1930s and has concluded
sea level near this station increases on average 3.39 millimeters per year or 0.13 inches per
year. This suggests, over the next century, sea levels near the study area could increase up to
1.1 feet (Figure 9). As we understand, sea level rise has been accounted for in the road
maintenance and improvement plan and should not adversely affect the design lifespan or
stability of the roadway following plan implementation.
5.0 CONCLUSIONS
Following the completion of the road maintenance plan:
• Road erosion will be mediated by limiting inundation to the marsh area only;
• Sedimentation within the marshes will decrease due to road repair and stabilization;
• Marsh hydrology on the west and east sides of the road will be largely unaffected as the
primary water sources are independent and not obstructed by the roadway;
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NUTTER + ASSOCIATES 6
• Marsh ecology will not be adversely affected as the areas west and east of the road are
already mostly independent systems and the installation of culverts will provide
connectivity between the two areas;
• Essential Fish Habitat will not be impacted as the footprint of the road is not expanding;
and,
• Safe and reliable transportation will be provided to the residents of Tybee Island.
- Page 115 -Item #27.
FIGURES
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Figure 3. Minimum and maximum HH tides measured at the NOAA Fort Pulaski, Georgia tide
gage (Station ID 8670870) during the 2021 data collection period relative to daily HH
tide elevations measured in the 14-month period (January 2020 to February 2021)
prior to data collection. Minimum and maximum HH tides from the 2014 study are
shown in gray for reference.
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Figure 4. Daily tidal elevations relative to Mean Lower Low Water (MLLW) at the NOAA Fort
Pulaski, Georgia tide gage (Station ID 8670870) from September 1 st, 2020 to February
28th, 2021.
2021 data
collection
- Page 120 -Item #27.
NUTTER + ASSOCIATES
Figure 5. Water surface elevations recorded at Well 1E, 1W, 2E, 2W, and Creek from January
28th, 2021 to February 2nd, 2021.
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- Page 121 -Item #27.
NUTTER + ASSOCIATES
Figure 6. Water surface elevations recorded during the rising limb and peak of the maximum
HH tide event recorded during the (A) 2021 and (B) 2014 data collection period at all
wells. (Note that the vertical datums are different for 2021 (A) and 2014 (B). This
analysis is intended to show timing of the flood tide and is therefore not affected by
the different datums.)
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Figure 8. High tide observed and recorded at Well 1E, 1W, 2E, 2W and Creek during data
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observed between approximately 8:45am and 9:00am.
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- Page 124 -Item #27.
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APPENDIX A
- Page 126 -Item #27.
360 Hawthorne Lane
Athens, GA 30606-2152
P (706) 354-7925
F (706) 354-7928
www.NutterInc.com
TECHNICAL MEMORANDUM NO. 13-079.01
PREPARED FOR: Alton Brown
Resource & Land Consultans
PREPARED BY:
Cody Hale, Ph.D., PH C. Todd Headley
Principal, Project Scientist Staff Scientist
DATE: June 9, 2014
SUBJECT: Hydrological and ecological assessment of proposed Polk Street
maintenance project, City of Tybee Island, Georgia.
CONTENTS
1.0 INTRODUCTION
2.0 SITE DESCRIPTION
3.0 METHODS
4.0 HYDROLOGY
4.1 Monitoring Results
4.2 Hydrologic Effects of Proposed Driveway Project
5.0 ECOLOGICAL CONSIDERATIONS
5.1 General Ecological Community
5.2 Essential Fish Habitat and Passage
6.0 NECESSITY OF CULVERTS
7.0 CONCLUSIONS
8.0 REFERENCES
- Page 127 -Item #27.
Nutter & Associates, Inc. ii
LIST OF FIGURES
Figure 1. Vicinity map of proposed driveway maintenance project,
Tybee Island, GA.
Figure 2. Stilling well locations and Eastern and Western Salt Marsh boundaries within the
vicinity of the proposed driveway maintenance project.
Figure 3. Coastal habitats mapped by the National Wetland Inventory within the vicinity of the
proposed driveway maintenance project, Tybee Island, Georgia.
Figure 4. Daily tidal data measured at Fort Pulaski, GA (gage 8670870) from May 1, 2013 to
April 25, 2014.
Figure 5. Upper and lower bounds of higher high (HH) tides measured at Fort Pulaski, GA
(gage 8670870) during data collection period (March3-6, 2014) relative to daily
higher high tide elevations measured over the 14-month periodfrom January 1, 2013
to March 6, 2014.
Figure 6. Pre- and post- driveway tidal flow conditions.
Figure 7. Water surface elevations recorded at stage recorders 1E, 1W, 2E, 2W, and Creek
from March 3-6, 2014.
Figure 8. Water surface elevations recorded during the rising limb and peak of the lowest high
tide event at stage recorders 1E, 1W, 2E, 2W, and Creek.
Figure 9. Water surface elevations recorded during the rising limb to peak of the highest tide
at stage recorders 1E, 1W, 2E, 2W.
Figure 10. Temporal lag of high tide at 1E relative to Creek as a function of maximum tide
elevation.
- Page 128 -Item #27.
Nutter & Associates, Inc. 1
1.0 INTRODUCTION
On behalf of the City of Tybee Island, Georgia, Nutter & Associates (NAI) staff conducted a
hydrologic analysis to satisfy Item C within the request for additional information (RAI) (SAS-
2012-00089) issued by the US Army Corps Engineers on June 25, 2013. The RAI was in
reference to the proposed driveway maintenance project located at the southern end of Polk
Street on Tybee Island, Georgia (Figure 1). The unpaved southern end of Polk Street south of
Highway 80, also referred to as the driveway in this report, leads to a private hammock with
two residences owned by Michael E. Leonard. The unpaved southern end of Polk Street south
of Highway 80 serves as the primary driveway for both residences (Figure 1). The elevation of
the driveway has decreased over time, allowing tidal waters to overtop it during high tides. The
City of Tybee Island and Mr. Leonard have proposed a maintenance project to repair the
driveway such that safe vehicular access is possible during most tide conditions.
The primary goal of this hydrologic analysis was to evaluate the project’s potential to adversely
impact salt marsh, Essential Fish Habitat, and the estuary in the vicinity of the driveway by
changing or restricting water flow.
2.0 SITE DESCRIPTION
Chimney Creek forms a dendritic network of tidal channels that surround the periphery of the
private hammock to the west, south, and east (Figure 1). The general assessment area for this
analysis is defined as the marsh, upland, and developed area contained in the polygon bounded
by US 80 on the north, Chimney Creek to the east and south, and the tidal creek that feeds the
canal paralleling US 80 immediately north of the Leonard property to the west (Figure 1). The
marsh area on the east side of the driveway is referred to as the Eastern Salt Marsh (ESM;
Figure 2); likewise, the area to the west of the driveway is referred to as the Western Salt
Marsh (WSM). A small, developed peninsula forms a divide between the eastern extent of the
ESM and Chimney Creek except for a small area of connection to the south (Figure 2).
The marsh surrounding the proposed driveway maintenance project is a persistent emergent
wetland habitat comprised of a mosaic of low and high salt marsh. Cowardin (1979) defines a
persistent emergent wetland as a wetland “dominated by species that normally remain standing
at least until the beginning of the next growing season.” Mitsch and Gosselink (2000) define a
low salt marsh as an “intertidal or lower marsh in salt marsh that is located in the intertidal
zone and is flooded daily.” A high marsh is defined as an “upper zone of a salt marsh that is
flooded irregularly and generally is located between mean high water and extreme high water”
(Mitsch and Gosselink, 2000). Low marsh habitat is predominant across the assessment area.
However, a few higher elevation areas exist within the low marsh that are flooded irregularly
and are considered high marsh. The ESM and WSM are mapped by the National Wetland
Inventory (NWI) as areas of E2EM1P and E2EM1N habitat [Estuarine (E), Intertidal (2),
Emergent (EM), Persistent (1), Irregularly Flooded (P), Regularly flooded (N)] (Figure 3).
Chimney Creek is mapped as E1UBL habitat [Estuarine (E), Persistent (1), Unconsolidated
Bottom (UB), Subtidal (L)] (Figure 3). Vegetation within the assessment area includes
needlegrass rush (Juncus roemerianus), smooth cordgrass (Spartina alterniflora), and saltwort
(Salicornia sp).
- Page 129 -Item #27.
Nutter & Associates, Inc. 2
Salt marshes serve as a primary nursery ground for many fish and shellfish species. Other
wildlife that depend on salt marshes and estuary for habitat include birds such as the great blue
heron (Ardea herodius), bald eagles (Haliaeetus leucocephalus), clapper rails (Rallus
longirostris), sparrows, and various ducks (Georgiawildlife.com).
3.0 METHODS
Five stilling wells were installed and instrumented with HOBO® water level sensors to
continuously monitor tidal elevations at key locations on the project site (Figure 2). Two stilling
wells (1E and 2E) were deployed within the ESM. A third stilling well (1W) was installed within
a canal on the northwestern edge of the WSM. A fourth stilling well (2W) was installed within
the WSM. The fifth stilling well (Creek) was installed on Chimney Creek at the southern end of
the hammock (Figure 2). Water depths for five high tide and four low tide cycles were logged
over a three day period.
A topographic survey of stilling well, salt marsh ground surface, water surface, and driveway
elevations was completed using a Topcon Total Station®. The surveyed points were corrected
to LiDAR-derived elevations to transform recorded water levels to true water surface elevations.
Visual observations of water dynamics over the driveway and in the adjacent salt marsh areas
were observed during periods of high and low tide. Daily tidal data from the Fort Pulaski tidal
gauge (Gauge 8670870) was downloaded from the National Oceanic and Atmospheric
Administration website (NOAA; www.noaa.gov) to characterize the range of tidal amplitudes
that occurred before, during, and following hydrologic data collection on the project site.
4.0 HYDROLOGY
Water level data for five high tide and four low tide cycles were recorded over a three day
period beginning on March 3, 2014 at 15:00 and ending at 05:00 on March 6, 2014. This
measurement period occurred between two spring high tides, which occurred on March 1 and
17, 2014, respectively (Figure 4). The Higher High (HH) tidal elevation ranged from 1.932 feet
to 5.721 feet from January 1, 2013 to March 31, 2014 (Figure 5). During the period that water
level data was collected on the project site (March 3-6, 2014), the HH ranged between 4.527
feet and 5.134 feet, indicating that above average high tide elevations were present (Figure 5).
The hydrology of the ESM prior to the construction of the driveway appears to have been fed by
overland flooding produced from the marsh flats to the west of the driveway and from a tidal
channel located in the southern extent of the ESM (but east of the private hammock and the
driveway). This tidal channel has a direct connection to Chimney Creek and, as it flows north
from well 2E to 1E, branches into numerous small, flow paths that distribute tidal waters to the
upper extent of the ESM (Figure 6). Under current conditions, and for the past 60 years, the
primary source of hydrology for the ESM is from the tidal channel that enters at the southern
extent of the area (see hydrologic signature in Figure 6).
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Nutter & Associates, Inc. 3
The WSM is inundated from the south and west via Chimney Creek and associated tributaries
during high tides (Figure 6). A dredged and hydrologically connected tidal channel is located
north of, and directly adjacent to, a private driveway that intersects the southern end of Polk
Street (Mr. Leonard’s driveway) from the west (Figure 6).
4.1 Monitoring Results
Hydrographs of tidal data from stilling wells 1W, 1E, 2W, 2E, and Creek show that tidal waters
inundate the WSM and ESM on either side of the proposed driveway maintenance project nearly
simultaneously via the various Chimney Creek tributaries during high tide (Figure 7). Field
observations of the rising limb and peak of a high tide cycle on March 7, 2014 revealed that
tidal waters inundate the ESM and WSM independently of one another, eventually overtopping
the south end of Polk Street from the southeast. The water flooding the driveway flowed
northward in a tidal channel paralleling the driveway on the east until the driveway was
completely inundated. No significant flow was observed crossing the driveway from west to
east, or visa versa, during rising and receding tides; however, water did drain to the south,
west and east during the receding tide (Figure 6 – current driveway flow conditions). On
average, tidal waters inundate the southern end of Polk Street for approximately five to seven
hours per day (i.e., cumulatively over both tide cycles).
Stilling well 1E exhibited a slight temporal lag (17 minutes) in reaching the hydrologic peak of
high tide on March 5, 2014 relative to stilling wells 1W, 2W, 2E, and Creek (Figure 8). The
maximum temporal lag in reaching the hydrologic peak at 1E coincided with the lowest high
tide elevation of the data collection period (Figure 8); however, all stilling wells reached the
tidal peak simultaneously and there was no temporal lag at 1E during the highest tide event
(Figures 9 and 10). An analysis of lag at 1E as a function of tide height confirmed that as the
high tide elevation increased, the temporal lag at 1E decreased (Figure 10). This trend is
strongly indicative of hydraulic roughness decreasing with increases in water depth.
Stilling well 1E had the second highest ground elevation (2.132 ft) of all stilling wells based on
LiDAR corrected survey data (2W was the highest at 2.302 ft). Additionally, the ESM area in
the vicinity of 1E had the densest vegetation based on general site observations (no vegetation
measurements were made), resulting in a higher roughness factor. Roughness decreases the
inundation and recession rates of rising and receding tidal waters. As previously mentioned,
the hydrology supplied to the northern portion of the ESM flows through a diffuse network of
small flow paths. When the flow paths are overtopped by the rising tide, the ESM surrounding
1E fills with water relatively quickly. The slightly higher elevation at 1E combined with
increased roughness from dense vegetation results in the temporal lag during lower elevation
high tides.
4.2 Hydrologic Effects of Proposed Driveway Project
Based on the hydrologic data, interpretation of aerial photography and LiDAR maps, and field
observations, repairing the existing driveway to accommodate vehicular travel would not have
an appreciable effect on the hydrologic regime of the adjacent ESM and WSM. The volume of
water that the driveway would displace following repair, assuming a 520 foot driveway that is
11 feet wide, would be 9,098 cubic feet during a higher than average high tide event as was
observed during the data collection period. The percentage of water that the driveway would
- Page 131 -Item #27.
Nutter & Associates, Inc. 4
displace during high tide relative to the combined volume of water in the ESM and WSM at high
tide is 0.42 percent. Though high tide waters currently overtop the driveway, the volume of
water moving from the WSM to the ESM during the peak of high tide is minimal and rather
insignificant relative to the volume of tidal waters inundating the marshes from the west, south
and east via Chimney Creek. If the driveway is built up as proposed, tidal waters will continue
to inundate the WSM and ESM with no significant changes in the duration, frequency, height,
and volume of tidal waters reaching the ESM and WSM.
5.0 ECOLOGICAL CONSIDERATIONS
5.1 General Ecological Community
Native flora and fauna species characteristic of the marsh habitats located in the vicinity of the
project rely on, and are adapted to, the natural hydrologic and water quality variability caused
by the semidiurnal tides observed along the Georgia coast. Tidal marshes provide important
ecological functions, such as providing nursery and feeding habitats for terrestrial and aquatic
fauna, providing water quality functions, such as carbon export and nutrient and contaminant
sequestration, and providing attenuation of high water events. Based upon the results of the
hydrologic analysis, which indicate that the ESM and WSM flood independently and that the
driveway maintenance will not block or divert tidal flows, it is anticipated that the existing
hydrologic conditions of the entire marsh will be maintained and thus the driveway
improvement will not affect the ecological function of the ESM or WSM.
5.2 Essential Fish Habitat and Passage
The southern extent of the ESM and WSM, and portions of Chimney Creek are mapped as
Essential Fish Habitat by the National Oceanic and Atmospheric Administration (NOAA) Essential
Fish Habitat Mapper (habitat.NOAA.gov). Though Essential Fish Habitat is mapped within close
proximity to the project area, fish usage in the ESM and WSM immediately adjacent to the
driveway is likely minimal due to elevation and typical water depths under normal tidal
conditions. However, if fish are present, access to possible spawning habitat and nursery
grounds within the ESM and WSM adjacent to the driveway should not be adversely impacted.
Ecological connection between the ESM and Chimney Creek will be maintained through the
existing flow path that parallels the eastern side of the driveway, and habitat isolation will not
occur if the proposed driveway maintenance is completed.
6.0 NECESSITY OF CULVERTS
Culverts are closed conduits used to convey water from one area to another, typically from one
side of a road to the other side (CPYWMA, 2000). Bottomless culverts, which have a natural
surface bottom, are beneficial in situations where fish and wildlife passage may be negatively
impacted by a road crossing (CPYWMA, 2000). Installation of a series of 18-inch culverts, or a
single bottomless culvert within the driveway has been considered so that tidal waters, fish, and
other wildlife will be able to move freely from the WSM to the ESM, and visa versa, during high
tides.
- Page 132 -Item #27.
Nutter & Associates, Inc. 5
Culverts can certainly be beneficial in linear habitats such as stream settings where habitat
isolation and fragmentation from road construction is likely. However, installing a bottomless
culvert or a series of 18-inch culverts to maintain hydrological and ecological connections
between the ESM and WSM would provide very little, if any benefit since both marsh areas are
inundated independently of one another during high tides via Chimney Creek’s tributaries. If
the driveway is filled to an elevation that would not be inundated during high tides, tidal waters
will continue to reach the ESM and WSM with no significant change in the volume of water,
quality of water, or timing of tidal inundation.
Maintenance issues associated with culverts must also be considered. Possible maintenance
issues include obstruction of the culvert(s) with debris and scouring at the entry and exit points
of the culvert(s) due to higher water velocities moving through the culverts during rising and
receding tides. Additionally, installation of culverts, if falling under the requirements of the
Georgia Department of Transportation (GDOT) guidelines, may require building up the driveway
to a significantly higher elevation than would be necessary if no culverts were installed. The
GDOT requires that roads not designated as state routes must have a minimum of 2 feet of
freeboard (vertical clearance between the ceiling of the culvert and flood stage elevation) above
the mean spring high tide elevation (GDOT, 2008). Correspondingly, as the elevation of the
driveway is increased, the width of the driveway must be increased as well, resulting in the
addition of unnecessary fill to the adjacent salt marshes.
7.0 CONCLUSIONS
Based on the findings of the study:
Hydrological and ecological connectivity between the ESM and WSM will not be
adversely impacted since tidal waters inundate the ESM and WSM independently of each
other during high tides via Chimney Creek’s numerous surrounding tributaries.
The duration, frequency, height, and volume of tidal water reaching the ESM and WSM
during high tide will remain the same if the driveway is filled as proposed.
Essential Fish Habitat will not be impacted as a result of filling the driveway since fish or
other aquatic species will continue to have access to nursery habitat and feeding
grounds in the ESM and WSM during high tides as they have in the past.
Culverts are not necessary for the conveyance of tidal waters to the ESM or WSM and
may also result in maintenance issues.
Installation of culverts would also require raising the elevation of the driveway, which in
turn would require that the driveway be widened, resulting in unnecessary fill within the
eastern and western salt marshes.
- Page 133 -Item #27.
Nutter & Associates, Inc. 6
8.0 REFERENCES
Choctawhatchee, Pea, and Yellow Rivers Watershed Management Authority (CPYWMA). (2000).
Chapter 3. Culverts. Recommended Practices Manual. A Guideline for Maintenance and
Service of Unpaved Roads
Cowardin, L. M., & Golet, F. C. (1995). US Fish and Wildlife Service 1979 Wetland Classification:
A review. Vegetation, 118(1-2), 139-152.
Georgia Department of Transportation (2008). Chapter 14. Bridge Hydraulic Design Criteria.
Manual On Drainage Design For Highways
Mitsch, W. J., & Gosselink, J. G. (2000). Chapter 9. Tidal Salt Marshes. Wetlands (3rd ed., ). :
John Wiley & Sons, Inc.
- Page 134 -Item #27.
^_
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Figure 1. Vicinity map of proposed driveway maintenance project,
Tybee Island, GA.
F:\projects\13_079_Tybee_Driveway\Figures\Vicinity_Map1.mxdData Source: GA GIS Clearinghouse, USDA 2013 Aerial
0 500 1,000250 Feet ¹
Chatham County,
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- Page 135 -Item #27.
Data Source: USDA 2013 Aerial F:\projects\13_079_Tybee_Driveway\Figures\Project_Area.mxd
Figure 2. Stilling well locations and Eastern and Western Salt Marsh
boundaries within the vicinity of the proposed driveway
maintenance project.
0 250 500125 Feet ¹
Stilling Wells
Western Salt Marsh
Eastern Salt Marsh
TDHA-1W
TDHA-2W
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Polk
Street
Private Drive
- Page 136 -Item #27.
E2EM1N
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Data Source: USDA 2013 Aerial, National Wetlands Inventory F:\projects\13_079_Tybee_Driveway\Figures\NWI.mxd
Figure 3. Coastal habitats mapped by the National Wetland
Inventory within the vicinity of the proposed driveway
maintenance project, Tybee Island, Georgia.
0 250 500125 Feet ¹
NWI Wetland Type
Estuarine and Marine Deepwater
Estuarine and Marine Wetland
Freshwater Forested/Shrub Wetland
- Page 137 -Item #27.
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Data Source: USDA 2013 Aerial \\HAL\Public\GIS\projects\13_079_Tybee_Driveway\Figures\PrevPost2.mxd
Figure 6. Pre- and post- driveway tidal flow conditions.
0 200 400100 Feet ¹
Western Salt Marsh
Eastern Salt Marsh
Pre-driveway Tidal Flow Conditions
Current Tidal Flow Conditions
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- Page 140 -Item #27.
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ATTACHMENT C Revised Permit Drawings
- Page 145 -Item #27.
N/F
WILLIAM DOWELL
N/F
FRANCIS & SARA BAKER
N/F
ROBERT GRISSOM &
CHARLENE GOMEZ
N/F
ROBERT WHITE
N/F
ESTHER GUY &
MICHELLE BROWN
N/F
WILLIAM DOWELL N/F
WILLIAM DOWELL
N/F
SOUTHERN BELLE
RENTALS, LLC
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GRAPHIC SCALE
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ATTACHMENT D Thomas & Hutton Bridge Cost Estimates
- Page 152 -Item #27.
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E
:
LO
C
A
T
I
O
N
:
JO
B
N
U
M
B
E
R
:
SH
E
E
T
:
SC
A
L
E
:
DR
A
W
N
B
Y
:
RE
V
I
E
W
E
D
B
Y
:
PO
L
K
S
T
.
M
A
I
N
T
E
N
A
N
C
E
P
E
R
M
I
T
BR
I
D
G
E
T
Y
P
I
C
A
L
S
E
C
T
I
O
N
S
RE
S
O
U
R
C
E
+
L
A
N
D
C
O
N
S
U
L
T
A
N
T
S
TY
B
E
E
I
S
L
A
N
D
,
G
A
02
/
1
9
/
2
0
2
1
J-
2
9
0
7
7
EX
4
SH
E
E
T
N
A
M
E
:
CL
I
E
N
T
:
KH
T
JV
G
-
P
a
g
e
1
5
6
-
It
e
m
#
2
7
.