HomeMy Public PortalAbout20210923Packet.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
September 23, 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: Ken Williams
Pledge of Allegiance
Announcements
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
1. Minutes, September 9, 2021
Consideration of Boards, Commissions and Committee Appointments
2. June Johnson, Ethics Commission Application
3. Harry Trout, Ethics Commission Application
4. Ken Williams, Ethics Commission Application
Tybee Island Ethics Commission
5. Charlie Barrow: Jay Burke Complaint/Council Action
Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10
minutes.
6. Cheryl Branch, Executive Director, Safe Shelter for Domestic Violence Services
Citizens to be Heard: Please limit comments to 3 minutes.
7. David Baker: Noise Ordinance
If there is anyone that would like to speak to anything on the agenda other than the public
hearings, come forward. Please limit your comments to three (3) minutes.
Consideration of Approval of Consent Agenda
- Page 1 -
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
8. Commercial Film Production Application: Girl From Plainville, October 4 - 8, 2021.
(Shawn Gillen)
Consideration of Bids, Contracts, Agreements and Expenditures
9. Purchase new Garbage Truck and Budget Amendment (Pete Gulbronson)
10. Award of Construction of a new roof at the Tybee Arts Association Building. Mike Kenny
Roofing Company, $28,900 (Pete Gulbronson)
11. Out of State Travel: Shawn Gillen, ASBPA National Coastal Conference, September 28 -
October 1, 2021, New Orleans, LA (Shawn Gillen)
Consideration of Ordinances, Resolutions
12. Second Reading 2021-27, Section 11-100, Article 11, Change to Planning Commission
time and place (George Shaw)
Council, Officials and City Attorney Considerations and Comments
13. Barry Brown: Warnings for Noise Ordinance Violation
14. Barry Brown: Jaycee Park, Soccer Field
15. George Shaw: Tree Permit Appeal
Executive Session
Discuss litigation, personnel and real estate
Possible vote on litigation, personnel and real estate discussed in executive session
Adjournment
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings,
should do so during the citizens to be heard section. Citizens wishing to place items on the council
meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM
prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City
Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible
planning, preservation of our natural and historic resources, and partnership with our community to ensure
economic opportunity, a vibrant quality of life, and a thriving future.”
- Page 2 -
File Attachments for Item:
1. Minutes, September 9, 2021
- Page 3 -Item #1.
City Council Minutes, September 9, 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, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were
Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Tracy O’Connell, Assistant City
Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council.
Mayor Sessions listed the following items on the consent agenda:
Minutes, August 26, 2021 City Council Meeting to include Resolution, 2021-06
Resolution: Assistant/Acting City Attorney Tracy O'Connell
Goodwyn, Mills and Cawood (GMC), Inc. Assignment of Existing Contracts
Mayor Sessions called the regular meeting to order. All those present for the consent agenda
were present.
Opening Ceremonies
Call to Order
Invocation: Jan LeViner, Clerk of Council
Pledge of Allegiance
Mayor Session read a Proclamation in honor of the anniversary of 9/11.
Invited Guests
Sarah Jones and Jesse Petrea approached Mayor and Council to Announce the Winning
Tybee Lighthouse License Plate Design. Representative Petrea stated this is a result of HB
203 for a license plate with the Tybee Lighthouse. In order to create a Bill to pass a license plate,
there needs to be sufficient interest with a minimum standard of 1,000 at $25.00 each. He asked
everyone, state wide, to please purchase the license plate in support of the Tybee Island
Lighthouse as this will be a continuous revenue source for the Lighthouse.
Alan Robertson approached Mayor and Council to give an update on the SPA Permit to
authorize crosswalk benches. Mr. Robertson stated his report is included in the packet before
them this evening. He is recommending the City apply for a SPA Permit to cover all of the
crossovers and the pavilions including benches that are on the beach at this point. Mr. Robertson
feels the Department of Natural Resources (DNR) will look kindly on the permit as it cleans up
old history. He feels the City would be able to rebuild the benches that were removed and they
will not be at the seaward end as the goal for the City and DNR is to protect the integrity of the
most seaward dune. The benches would be placed 100’ landward of the most seaward dune and
the City has some flexibility. His recommendation is the City move forward and to have public
meetings for input from the residents. The DNR has requested we use their assistance to develop
our ordinances regarding private crossovers as they have best practices and model ordinances.
If there are no delays in the permitting process, the seven (7) crossovers benches would be
replaced and in place by next season. Mayor Sessions gave a brief history of the crossover
benches. Mr. Robertson stated the DNR is opposed to replacing the swings as they are considered
harmful to the turtle habitat. Ms. DeVetter stated this is a good compromise and thanked Mr.
Robertson for all his hard work. Monty Parks made a motion to proceed with the SPA Permit
process. Nancy DeVetter seconded. Vote was unanimous to approve, 6-0.
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times
of 5 minutes.
- Page 4 -Item #1.
Keith Gay approached Mayor and Council to speak to the STVR Registration Fees. Mr. Gay
stated his concerns with the proposed ordinance are it is unenforceable as it opens the door for
misuse and abuse and could short change the City regarding revenue. His preference would be
a flat rate or per bedroom which could be quantified by Chatham County records. Mr. Gay then
expressed his concerns with the parking issues as related to STVR’s. He supports quality control
parking but for City wide parking. Mayor Sessions thanked Mr. Gay for his comments.
Mack Kitchens approached Mayor and Council stating Mr. Gay is not a resident of Tybee Island.
Mayor Sessions responded Mr. Gay does live in Spanish Hammock but his business is within the
City limits of Tybee Island.
Monty Parks made a motion to approve the consent agenda. Nancy DeVetter seconded.
Vote was unanimous to approve, 6-0.
Public Hearings
Text Amendment: Amendment to Sec. 3-250 Private Parking lots – Charles R. Cole.
George Shaw approached Mayor and Council. Mr. Shaw stated the current ordinance does not
allow for any additional private parking lots in residential districts. Mr. Cole would like to have
one and brought the text amendment forward. The change would allow residents who own an
empty lot adjacent to an existing City parking lot to apply for a parking lot permit. Mr. Shaw
continued, if approved this would not allow for the parking lot, only allow Mr. Cole to apply for a
private parking lot. Planning Commission recommended approval unanimously. Charles Cole
approached Mayor and Council stating he has a property that is unique and would help with the
overflow from the North Beach Parking Lot. Mayor Sessions thanked Mr. Cole for his comments.
Marianne Bramble approached Mayor and Council. Ms. Bramble stated she currently is the
owner of a private parking lot in a residential area and is in favor of the proposed Text
Amendment. She would also like Mayor and Council to consider extending the days the private
parking lots can operate. Barry Brown made a motion to deny. Nancy DeVetter seconded.
Those voting in favor to deny were Barry Brown, Nancy DeVetter, and Monty Parks. Those voting
against were John Branigin, Jay Burke and Spec Hosti. Mayor Sessions voting to deny. Motion
to deny, 4-3.
Variance: Requesting to build in front setback – 12 Tenth Place – 40003 17003 – R-2
– Jeffrey Kole. George Shaw approached Mayor and Council. Mr. Shaw stated Mr. Kole has
a residence on 10th Place and would like to enlarge their existing porch. Staff recommends denial
and the Planning Commission recommended approval, 3-2. Josh Yellen, representing the
property owners, approached Mayor and Council. He quoted from the Land Development Code
to support their request. He feels the variance is not required as they already encroach into to
the setback. LeAnne Kole approached Mayor and Council to request Mayor and Council approve
their request. Ms. Kole confirmed with Ms. DeVetter their intention is just to add on to the porch
and nothing more. Jeff Kole approached Mayor and Council. Mr. Kole confirmed his management
company does not manage properties on Tybee but did at one time manage properties in
Savannah and other cities. Mr. Branigin stated he is favor of this request. Barry Brown made
a motion to approve. Spec Hosti seconded. Voting in favor to approve were Monty Parks, John
Branigin, Barry Brown, Jay Burke and Spec Hosti. Voting against was Nancy DeVetter. Motion
to approve, 5-1.
Text Amendment: Sec. 11-100.-Meetings (A) change time and location for Planning
Commission meetings. George Shaw approached Mayor and Council. He explained the
Planning Commission expressed an interest to mirror City Council meetings beginning at 6:30PM.
Mr. Shaw stated the proposed Text Amendment is to change the time from 7:00PM to 6:30PM
- Page 5 -Item #1.
and to state the meetings will be held at the Public Safety Building. Spec Hosti made a motion
to approve. Monty Parks seconded. Vote was unanimous to approve, 6-0.
Consideration of Bids, Contracts, Agreements and Expenditures
Budget Amendment: Fire Department Salaries to HR to cover travel costs for Chief
candidates. Dr. Gillen explained the funds the City are using for recruitment of candidates,
Fire Chief, need to be put in the HR line items. John Branigin made a motion to approve.
Monty Parks seconded. Voting in favor were Nancy DeVetter, Monty Parks, John Branigin, Barry
Brown and Jay Burke. Voting against was Spec Hosti. Motion to approve, 5-1.
Consideration of Ordinances, Resolution
Second Reading, 2021-23, STVR Occupancy Rate. Jay Burke recused. Dr. Gillen stated
enforcement will be done through cross referencing the application and advertising of the
property. Monty Parks made a motion to approve. John Branigin seconded. Voting in favor
were Nancy DeVetter, John Branigin, Monty Parks, and Barry Brown. Voting against was Spec
Hosti. Vote to approve, 4-1.
Second Reading, 2021-24, Motorized Carts. Jay Burke recused. Dr. Gillen explained the
proposed ordinance as this is now an annual inspection of the golf carts. Spec Hosti made a
motion to approve. Monty Parks seconded. Voting was unanimous to approve, 5-0.
Second Reading, 2021-26, Regulatory Fees for Alcohol Licenses. Jay Burke, John
Branigin and Spec Hosti recused. Monty Parks made a motion to approve. Nancy DeVetter
seconded. Vote was unanimous to approve, 3-0.
Jay Burke, John Branigin, and Spec Hosti returned to the meeting.
Monty Parks made a motion to adjourn to Executive Session to discuss real estate and litigation.
Spec Hosti seconded. Vote was unanimous to approve, 6-0.
Monty Parks made a motion to return to regular session. John Branigin seconded. Vote was
unanimous to approve, 6-0.
Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous to
approve, 6-0.
Meeting adjourned at 9:45PM
______________________________
Janet R. LeViner, MMC
Clerk
- Page 6 -Item #1.
File Attachments for Item:
2. June Johnson, Ethics Commission Application
- Page 7 -Item #2.
- Page 8 -Item #2.
- Page 9 -Item #2.
File Attachments for Item:
3. Harry Trout, Ethics Commission Application
- Page 10 -Item #3.
- Page 11 -Item #3.
Resume of Harry Trout
214 Miller Ave.
P.O. Box 384
Tybee Island, GA 31328
Tel: 610-331-4608
E-mail: troutha@yahoo.com
This is my expression of interest to serve the City of Tybee Island by volunteering for an appointment to
the Ethics Commission.
I have been a resident of Tybee Island since 2018, having relocated from Pittsburgh, Pennsylvania and
live at 214 Miller Avenue with Leigh Ward, who has been a Tybee Island resident for essentially her
entire life.
Professionally, I received a B.S. Degree in Chemistry from Saint Vincent University, in Latrobe, PA., an
M.S. Degree from the Graduate School of Public Health at the University of Pittsburgh, and an M.B.A
from Point Park University in Pittsburgh, PA. I have certification as a Certified Industrial Hygienist by the
American Board of Industrial Hygiene, a Certified Safety Professional by the Board of Certified Safety
Professionals, and a Project Management Professional by the Project Management Institute.
I have been employed by GAI Consultants since 1991 and am currently in the position of Operations
Consultant. I was a Vice President and Operations Director from 2012 to July of 2021 but am currently
reducing my duties with a planned retirement at the end of 2021. I have worked remotely from home
since moving to Tybee Island in 2018. GAI Consultants is a large, national engineering consulting firm,
having primary offices in Orlando, FL and Pittsburgh, PA.
In terms of community service, I am currently volunteering as an Election Poll Worker for Chatham
County and am working elections at Precinct 4-11, at the Tybee School Cafeteria. While living in
Pennsylvania, I served on the Zoning Hearing Board in Hempfield Township in Westmoreland County,
from 2005 to 2008.
- Page 12 -Item #3.
File Attachments for Item:
4. Ken Williams, Ethics Commission Application
- Page 13 -Item #4.
- Page 14 -Item #4.
File Attachments for Item:
5. Charlie Barrow: Jay Burke Complaint/Council Action
- Page 15 -Item #5.
- Page 16 -Item #5.
- Page 17 -Item #5.
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
- Page 18 -Item #5.
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 19 -Item #5.
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 20 -Item #5.
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 21 -Item #5.
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 22 -Item #5.
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 23 -Item #5.
- Page 24 -Item #5.
- Page 25 -Item #5.
- Page 26 -Item #5.
- Page 27 -Item #5.
- Page 28 -Item #5.
- Page 29 -Item #5.
- Page 30 -Item #5.
- Page 31 -Item #5.
File Attachments for Item:
7. David Baker: Noise Ordinance
- Page 32 -Item #7.
- Page 33 -Item #7.
File Attachments for Item:
8. Commercial Film Production Application: Girl From Plainville, October 4 - 8, 2021.
- Page 34 -Item #8.
- Page 35 -Item #8.
- Page 36 -Item #8.
- Page 37 -Item #8.
- Page 38 -Item #8.
- Page 39 -Item #8.
- Page 40 -Item #8.
- Page 41 -Item #8.
- Page 42 -Item #8.
- Page 43 -Item #8.
- Page 44 -Item #8.
- Page 45 -Item #8.
- Page 46 -Item #8.
- Page 47 -Item #8.
- Page 48 -Item #8.
- Page 49 -Item #8.
- Page 50 -Item #8.
- Page 51 -Item #8.
- Page 52 -Item #8.
- Page 53 -Item #8.
- Page 54 -Item #8.
- Page 55 -Item #8.
- Page 56 -Item #8.
- Page 57 -Item #8.
- Page 58 -Item #8.
- Page 59 -Item #8.
- Page 60 -Item #8.
- Page 61 -Item #8.
- Page 62 -Item #8.
- Page 63 -Item #8.
- Page 64 -Item #8.
- Page 65 -Item #8.
- Page 66 -Item #8.
- Page 67 -Item #8.
- Page 68 -Item #8.
- Page 69 -Item #8.
- Page 70 -Item #8.
- Page 71 -Item #8.
- Page 72 -Item #8.
- Page 73 -Item #8.
- Page 74 -Item #8.
File Attachments for Item:
9. Pete Gulbronson: Purchase new Garbage Truck and Budget Amendment
- Page 75 -Item #9.
C:\Windows\TEMP\Tmp4daf.Tmp
City of Tybee Island
Memorandum
To: City of Tybee Island City Council Members
From: Pete Gulbronson, City Engineer/Director of Infrastructure
Date: September 15, 2021
Re: Purchase of new garbage truck
Background
At the August 26, 2021 the City Council awarded a five-year lease of a new 10-yard garbage
truck with a five-year maintenance agreement to Under CDL in the amount of $42,436.00. In
working with both the GMA and the bank from Under CDL on obtaining the financing for the
lease, both the Finance Director and City Attorney decided it would be in the best interest of the
City to do an out-right purchase of the new garbage truck due to unfavorable lease options.
Overview
The City received quotes for the new garbage truck with five-year maintenance agreement and
Under CDL was the lowest responsible bidder. The out-right cost of the vehicle is $134,900 and
the 5-year maintenance agreement is $12,000 per year for five years bringing the total cost of the
vehicle and maintenance agreement is $199,900.00. Under CDL requires that the 5-year
maintenance agreement be paid for up front.
Summary
Funding for the lease of this new vehicle 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. A budget amendment of
$144,900 is needed to cover the additional costs.
Recommended Next Steps:
I would recommend the purchase of the new 10-yard garbage truck to Under CDL with the 5-year
maintenance agreement in the amount of $199,900.
- Page 76 -Item #9.
- Page 77 -Item #9.
File Attachments for Item:
10. Pete Gulbronson: Award of Construction of a new roof at the Tybee Arts Association
Building. Mike Kenny Roofing Company, $28,900
- Page 78 -Item #10.
U:\Memos\Award Memo For TAA Roof.Docx
1
City of Tybee Island
Memorandum
To: City of Tybee Island City Council Members
From: Pete Gulbronson, City Engineer/Director of Infrastructure
Date: September 13, 2021
Re: Award of Construction of a new roof at the Tybee Arts Association Building
Background
In the FY2022 budget, the city Council approved a budget to fix miscellaneous City owned
buildings throughout the City based on a building assessment spreadsheet. The Tybee Arts
Association Building was listed on that spreadsheet requiring a new roof.
Overview
The City requested quotes from various contractors, but only received two (2) quotes. The low
quote was from Mike Kenny Roofing Company in the amount of $28,900.00. The other quote
was from Ace Roofing & Remodeling, Inc. in the amount of $29,600.00. Both of these quotes
included the removal of the old roof, removal and hauling of all materials, the installation of a new
26-gauge painted 5V metal roof, and clean-up of the site upon completion.
Summary
Funding for this project is in the City of Tybee Island’s fiscal Year 2022 approved budget, adopted
June24, 2021. The account number 323-4210-54-1300: City Buildings has a budget of $500,00
for various projects.
Recommended Next Steps:
I would recommend the award of the installation of the new roof on the Tybee Arts Association
Building to Mike Kenny Roofing Company in the amount of $28,900.00.
- Page 79 -Item #10.
File Attachments for Item:
12. Second Reading 2021-27, Section 11-100, Article 11, Change to Planning Commission time
and place
- Page 80 -Item #12.
- Page 81 -Item #12.
20210917
ORDINANCE NO 2021-27
AN ORDINANCE TO AMEND SECTION 11-100 OF ARTICLE 11 OF THE CODE OF
ORDINANCE OF THE CITY IN ORDER TO MAKE REVISIONS THEREOF AND TO
CLARIFY CERTAIN PROVISIONS, TO CHANGE TO TIME AND PLACE OF MEETINGS
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 Sec 11-100 Meetings be amended so that
hereafter it will read as follows:
SECTION II
SEC 11-100
The Planning Commission shall meet in a regular session each month no
later than 16 days prior to the first scheduled city council meeting of the
following month at the Public Safety Building at 6:30 p.m. Special
meetings may be held as deemed necessary by the chair or a majority of
the members or at the request of the mayor or council with 48 hours’
notice to said members.
- Page 82 -Item #12.
20210917
X:\Clients\000572\000572\000001 - Ordinances\ORDIN 2021\2021-27
Planning Commission.docx
SECTION III
All ordinances and parts of ordinances in conflict herewith are expressly
repealed.
SECTION IV
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 V
This ordinance shall be effective upon its adoption by the Mayor and
Council pursuant to The Code of the City of Tybee Island, Georgia.
The Ordinance shall become effective on _____ day of ______ 2021.
ADOPTED THIS _____ DAY OF _______, 2021.
________________________
MAYOR
ATTEST:
_________________________
CLERK OF COUNCIL
FIRST READING: _______
SECOND READING:______________
- Page 83 -Item #12.
File Attachments for Item:
15. George Shaw: Tree Permit Appeal
- Page 84 -Item #15.
- Page 85 -Item #15.
- Page 86 -Item #15.
- Page 87 -Item #15.
- Page 88 -Item #15.
- Page 89 -Item #15.