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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. 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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.