HomeMy Public PortalAbout20211028Packet.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
October 28, 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. Proclamation: Retired Educators Day
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
2. Minutes, October 14, 2021
3. Addition to Minutes
4. Notes: City Council Workshop "Assess Surveys" STVR's
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5
minutes.
5. David Baker: Continued Lack of Transparency by Select City Staff
If there is anyone wishing to speak to anything on the agenda other than the Public Hearings,
please come forward.
Consideration of Approval of Consent Agenda
Consideration of Bids, Contracts, Agreements and Expenditures
6. Agreement: Leonard and City of Tybee Island: Improvement of Polk Street south of
Highway 80
7. Tree Removal Costs on unopened 5th Avenue
8. ITB 2021-762: Tybee Promenade Public Restrooms. This project is being funded with
Chatham County SPLOST funds
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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
9. Contract: Electric Vehicle Charging Stations Licensing Agreement
10. State Fiscal Recovery Fund Terms and Conditions for Public Safety Officials and First
Responders Pay Supplement
11. Host Compliance (Granicus) Agreement
Consideration of Ordinances, Resolutions
12. First Reading, 2021-29 Sec 34-261(c)(3) and to add new Sec 34-266, Limit the Number
of Permits for the Operation of STVR's
13. Second Reading: 2021-28, Sec 7-060: Removal of Significant Trees
Council, Officials and City Attorney Considerations and Comments
14. John Branigin: Revisit Public Hearing Decision: 1517 Miller Avenue, Petitioner Osborn &
Warakomski
15. Shawn Gillen: ASBPA Conference Update
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.”
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File Attachments for Item:
1. Proclamation: Retired Educators Day
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BY THE MAYOR OF THE CITY OF ____________________, GEORGIA
OR
BY THE CHAIRMAN OF THE BOARD OF COMMISSIONERS,
COUNTY OF ______________________, GEORGIA
WHEREAS: The Governor of the State of Georgia has proclaimed the day of Sunday,
November 7, 2021 as Retired Educators Day in Georgia; and
WHEREAS: There are more than 135,000 retired educators in Georgia, 31,000 plus of
whom are members of the Georgia Retired Educators Association; and
WHEREAS: The retired educators of Georgia donate thousands of hours of volunteer service
and make invaluable contributions to the welfare of their respective communities across the
state; and
WHEREAS: It is appropriate that a day be designated for citizens to express their appreciation
for the contributions that retired educators have made and continue to make for the
betterment of human lives and for society; and
WHEREAS: Local churches will recognize those lasting contributions made by retired educators
in this community; now
THEREFORE: I, Mayor (or Chairman) of ________________________________ (City or County)
do hereby proclaim the day of November 7, 2021, as “RETIRED EDUCATORS DAY” and I call
upon the citizens of _________________________________ to observe that day in an
appropriate manner honoring retired educators.
Given unto my hand and seal at ________________________, Georgia, on this _____ day of
______________________, in the year of our Lord, 2021.
____________________________________
Mayor (or Chairman)
ATTEST
___________________________________
(Name and /or Title)
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3. Addition to Minutes
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File Attachments for Item:
4. Notes: City Council Workshop "Assess Surveys" STVR's
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File Attachments for Item:
5. David Baker: Continued Lack of Transparency by Select City Staff
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File Attachments for Item:
6. Agreement: Leonard and City of Tybee Island: Improvement of Polk Street south of
Highway 80
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AGREEMENT
THIS AGREEMENT made and entered into this ____ day of __________________, 2021
by and between MICHAEL LEONARD (hereinafter “Leonard”) and THE CITY OF TYBEE
ISLAND, GEORGIA, a municipality of the State of Georgia, (hereinafter “City”), and
WHEREAS, Leonard is the owner of that certain tract or parcel of land and the
improvements thereon commonly known as 318 Polk Street, Tybee Island, Georgia 31328
(hereinafter the “Property”); and
WHEREAS, the Property is accessed via a drive or street known as South Polk Street, or
Polk Street, and/or Salt Meadows (hereinafter “Access Road”) and Leonard’s private driveway
(hereinafter the “Leonard Driveway”); and
WHEREAS, access to the Property for Leonard and emergency vehicles or other traffic
has become difficult due to tidal action, erosion and regulatory restrictions arising due to the
environmentally sensitive nature of the area; and
WHEREAS, the status of portions of the Access Road used from Highway 80 used to
ingress or egress the Property is uncertain insofar as its status as public, private, and/or whether
there are any maintenance obligations in connection therewith; and
WHEREAS, the parties have worked diligently, cooperatively and in good faith to obtain
permits to improve the Access Road, Leonard Driveway and such adjacent land as may be
necessary for access, culverts, support and related work (hereinafter collectively referred to as the
“Access Areas”); and
WHEREAS, the efficacy of contemplated improvements to be made to the Access Road
and adjoining areas in order to travel to and from the Property has finally been permitted by the
Coastal Marshland Protection Committee (“CMP”) after years of efforts by the City and Leonard;
and
WHEREAS, in connection therewith, on July 16, 2021, CMP issued Coastal Marshlands
Protection Act Permit # 789, which is attached hereto as Exhibit “A” and incorporated herein by
this reference (the “CMP Permit”), subject to U.S. Army Corps of Engineers (“USACE”) Permit
No. SAS-2012-00089, as modified by that certain Letter from the USACE to the City of Tybee
dated June 15, 2017, which is attached hereto as Exhibit “B” and incorporated herein by this
reference (the “USACE Permit” and, together with the CMP Permit, hereinafter collectively
referred to as the “Permits”); and
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WHEREAS, according to the terms of the CMP Permit, the CMP Permit became final and
unappealable as of August 15, 2021, and the CMP Permit expires on July 16, 2026;
WHEREAS, the parties now desire to bid, hire and perform such work as is contemplated
under the Permits and necessary to improve the Access Areas, such that the Access Road and
Leonard Driveway are properly elevated, stable, safe and passable at all times, at the parties’ shared
expense based on their relative ownership of the Access Areas; and
WHEREAS, the City does not commit and cannot commit to participate in future efforts
to improve or maintain the Access Areas nor can it warrant the effectiveness of the intended
improvements at the current time to the Access Areas and by entering into this Agreement, the
City is not acknowledging that it has any obligation or duty to provide or maintain a causeway or
roadway to the Property except for ordinary and routine maintenance to the public portions thereof;
and
WHEREAS, the City will provide routine maintenance to the Access Road; however, in
the event maintenance becomes impractical or infeasible as a result of physical changes to the
property around the Access Road and/or to the Access Road in the determination of the City, the
City will give notice to Leonard or his successors in interest of that fact and Leonard or his
successors shall thereafter have the option to seek to repair or contribute to the repair to the entire
Access Road or pursue other action in Leonard’s discretion. Each party, however, realizes that,
due to tides, rising sea levels and changes in property as a result, as well as changes that may occur
with respect to controlling legal and permitting authorities, future repairs, maintenance, or
improvements may be difficult or impractical.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 ($10.00)
Dollars, in hand paid, and the mutual covenants and conditions contained herein, and any other
good and valuable consideration set forth herein, the receipt and sufficiency of which is hereby
acknowledged, and intending to be legally bound, the parties hereby covenant and agree as
follows:
1. The parties hereto acknowledge and agree that, in accordance with the
measurements set forth in the CMP Permit, and because the City cannot perform work on private
property, Leonard agrees to be and remain responsible for the Leonard Driveway and to pay or
reimburse the City for 1/5th of the overall cost to improve the Access Areas, and the City shall be
responsible for the balance of all such costs. The parties hereto agree to cooperate in good faith
toward securing the necessary bids or proposals, and to share the cost thereof in according to their
Pro Rata shares, in order to improve the Access Areas consistent with such Permits.
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2. The City will solicit bids and/or proposals for a contractor or contractors to make
the improvements to the Access Areas authorized by the CMP Permit, in accordance with the
Permits attached hereto as Exhibits "A" and “B” (hereinafter referred to as the “Work”).
3. The City shall solicit appropriate proposals and/or bids in accordance with all
statutory and local procurement practices and it is agreed that the parties hereto will s hare in the
respective cost of making improvements in conformity with the application and their pro rata
responsibilities described in Paragraph 1 above.
4. All contracts arising from such bid and procurement efforts or otherwise relating to
the Work shall be written to and for the benefit of the City and Leonard, such that Leonard has and
maintains privity of contract with the persons and entities performing the Work, subject to the
terms of such contracts and applicable laws. Although the City shall administer bids, procurement,
contracting and supervision of the Work, the City shall submit all proposed contracts concerning
the Leonard Driveway to Leonard for his prior review and approval, which shall not be
unreasonably withheld, conditioned or delayed.
5. Subject to the foregoing, and in consideration of the City participating in the
permitting and improvement process as described in such permitting documents, Leonard,
individually, for himself, his respective heirs, successors, executors, representatives and assigns,
does hereby release and forever discharge the City, its agents, representatives, officials and
employees, from any claims for damages, expenses, equitable relief, or any claims or causes of
action whatsoever, whether now existing or hereafter accruing, in reference to the subject matter
of this Agreement including, but not limited to, the Access Areas, the condition of the Access
Areas, all tidal activity and claims of obligations whatsoever, both in the past or in the future
relating to the existence or maintenance of the Access Areas or any work or requirements related
thereto, directly or indirectly. The parties hereto acknowledge that the City is participating in the
effort to improve the Access Road as consideration for this release and that the City makes no
warranty, representation, promise, or assurance whatsoever that it will continue to improve or
maintain the Access Road now or in the future following the completion of the improvements
contemplated by the permits recently secured. The terms hereof are to control over any
inconsistent terms or obligations under any other documents, regulations, or authority to the
contrary or which is inconsistent herewith.
6. Subject to the foregoing, the City does hereby release and forever discharge
Leonard and his agents, representatives, heirs, successors and assigns, from any claims for
damages, expenses, equitable relief, or any claims or causes of action whatsoever, whether now
existing or hereafter accruing, in reference to the subject matter of this Agreement including, but
not limited to, the Access Areas, the condition of the Access Areas, all tidal activity and claims of
obligations whatsoever, both in the past or in the future relating to the existence or maintenance of
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4
the Access Areas or any work or requirements related thereto, directly or indirectly. The terms
hereof are to control over any inconsistent terms or obligations under any other documents,
regulations, or authority to the contrary or which is inconsistent herewith.
7. A plat, drawing, or diagram reflecting the Access Areas is attached as Exhibit “C”
hereto and incorporated herein. The parties agree that this Agreement, with or without
attachments, may be recorded with the records of the Clerk of the Superior Court of Chatham
County, Georgia, and indexed appropriately so as to give notice of the provisions hereof to
assignees, purchasers, or future parties in interest with respect to the Property or adjoining or
adjacent property.
8. This Agreement shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, representatives, successors and assigns. In the event any
provision hereof is held to be invalid and unenforceable, such invalidity and unenforceability shall
not affect the validity and enforceability of any other provision hereof. This Agreement contains
the entire agreement of the parties with respect to the subject matter hereof, and no representations,
inducements, promises, or other agreements, oral or otherwise, not expressly set forth herein shall
be of any force and effect. This Agreement may not be modified except by written modification
executed by all parties hereto. This Agreement shall be construed, governed and interpret ed in
accordance with the laws of the state of Georgia. If any party undertakes legal action to enforce
any right or remedy under this Agreement, the prevailing party shall be entitled to recover
reasonable costs and expenses in connection with such legal action including, but not limited to,
court costs and attorney’s fees.
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IN WITNESS WEHREOF, the parties have hereunto set their hands and seals as of the
date and year first above written.
______________________________ _________________________________
Witness MICHAEL LEONARD
Sworn to and subscribed before me,
this ____ day of _____________, 2021.
________________________________
Notary Public
(Corporate Seal)
CITY OF TYBEE ISLAND
By: ___________________________________
Mayor
Attest: ____________________________________
Clerk
____________________________
Witness
Sworn to and subscribed before me, Reviewed and Approved as to Form:
this ____ day of ____________, 2021.
____________________________ ___________________________
Notary Public Edward M. Hughes, City Attorney
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EXHIBIT “A”
CMP Permit
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EXHIBIT “B”
USACE Permit
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EXHIBIT “C”
Drawing of Access Areas
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You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)
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File Attachments for Item:
8. ITB 2021-762: Tybee Promenade Public Restrooms. This project is being funded with
Chatham County SPLOST funds
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C:\Windows\TEMP\Tmp675b.Tmp
1
City of Tybee Island
Memorandum
To: City of Tybee Island City Council Members
From: Pete Gulbronson, City Engineer/Director of Infrastructure
Date: October 12, 2021
Re: Award of ITB 2021-762: Tybee Promenade Public Restrooms
Background
The City of Tybee Island and Chatham County are in a joint venture to construct new bathrooms
in the Strand parking lot on the south side. Both the County and City are in need of additional
restrooms and this project will accommodate the additional restrooms, showers, and changing
areas.
The City advertised for bids, held a pre-bid meeting on Wednesday September 15, 2021, and
opened the bids on Tuesday October 12, 2021 at 2:00 PM.
Overview
The City received one (1) bid and the bidder acknowledged the addendum. The single bid was
opened and read aloud. The only bid had a base bid of $657,864.00. Two alternate bids were
also part of the bid. Alternate1 was for running a new service if the depth of the existing sewer
was insufficient. The cost for Alternate 1 was $40,750.00. Alternate 2 was for the installation of
a wood and wire sand fence for the cost of $18,018.00. When the alternates are included the
total cost of this project is $716,632.00. The only and low bidder is Basin Company.
Summary
This project is being funded with Chatham County SPLOST funds.
Recommended Next Steps:
I would recommend the award of this project to Basin Company in the amount of $657,864.00
with the possible cost being $716,632.00 is both Alternates are incorporated into the project.
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File Attachments for Item:
10. State Fiscal Recovery Fund Terms and Conditions for Public Safety Officials and First
Responders Pay Supplement
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File Attachments for Item:
11. Hist Compliance (Granicus) Agreement
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408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Order Form
Saint Paul, MN 55102 Prepared for
United States Tybee Island, GA
Order #: Q-143233
Prepared: 10/07/2021
Page 1 of 7
Granicus Proposal for Tybee Island, GA
ORDER DETAILS
Prepared By:Tee Rudnitski
Phone:
Email:tee.rudnitski@granicus.com
Order #:Q-143233
Prepared On:10/07/2021
Expires On:09/23/2021
Currency:USD
Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of
performance.)
Period of Performance: 09/24/2021 - 09/23/2022
ORDER TERMS
Current Subscription
End Date:
Initial Order Term End
Date:
Current Subscription End Date: 09/23/2021
Initial Order Term End Date: 09/23/2024
- Page 139 -Item #11.
Order Form
Tybee Island, GA
Order #: Q-143233
Prepared: 10/07/2021
Page 2 of 7
PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this
Proposal.
Renewing Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
Address Identification Annual 2259 Rental
Listings $54,396.72
24/7 Hotline Annual 1398 Rental
Units $13,462.74
Mobile Permitting & Registration Annual 1398 Rental
Units $11,966.88
Rental Activity Monitoring Annual 1398 Rental
Units $22,437.90
Tax Collection Annual 1398 Rental
Units $11,966.88
Compliance Monitoring Annual 1398 Rental
Units $16,831.92
SUBTOTAL:$131,063.04
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Order Form
Tybee Island, GA
Order #: Q-143233
Prepared: 10/07/2021
Page 3 of 7
FUTURE YEAR PRICING
Period of PerformanceSolution(s)09/24/2022 - 09/23/2023 09/24/2023 - 09/23/2024
Address Identification $58,204.49 $62,278.80
24/7 Hotline $14,405.13 $15,413.49
Mobile Permitting & Registration $12,804.56 $13,700.88
Rental Activity Monitoring $24,008.55 $25,689.15
Tax Collection $12,804.56 $13,700.88
Compliance Monitoring $18,010.15 $19,270.87
SUBTOTAL:$140,237.44 $150,054.07
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Order Form
Tybee Island, GA
Order #: Q-143233
Prepared: 10/07/2021
Page 4 of 7
PRODUCT DESCRIPTIONS
Solution Description
Address Identification Ongoing monitoring of 60+ Short Term Rental websites including major
platforms Airbnb, VRBO, HomeAway, Booking.com, FlipKey, & Expedia. Our
machine learning will deduplicate all known Listings into unique Rental
Units, where our identification team will provide owner contact information
for further enforcement. This product includes:- Ongoing monitoring of all
listings in your jurisdiction
- Updating listing activity and details every 3-5 days
- Screenshot activity of every listing
- Deduplication of listings into unique Rental Units
- Activity dashboard and map to monitor trends and breakdown of
compliance
24/7 Hotline 24/7 web and phone hotline for your community to report short term rental
complaints such as parking, trash, noise disturbances, and illegal short term
rentals. This product include:- Mobile-enabled online web form for citizens
to submit tips or complaints (text, videos, and photos)
- 24/7 call center for citizens to contact and report complaints verbally
- Recordings for all call center complaints
- Email notifications to your team when complaints are logged
- Automatic outbound IVR calls and SMS messages to permit emergency
contacts notifying them of the complaint
- SMS support for emergency contacts to mark a complaint as
acknowledged or resolved with the ability to send resolution notes
- Hotline Dashboard for tracking complaint volumes, trends, and
categories
- Ability to upload Notes/Comments to each complaint
Mobile Permitting & Registration Mobile-enabled online forms and back-end systems for streamlining the
registration/licensing/permitting of individual short-term rental hosts. These
registration forms and workflows include:- Parcel Number lookup and
validation
- E-Signatures
- ACH, Debit, and Credit Payments exclusively powered by Stripe.com
- Registration Number & Certificate creation
- Document Upload
- Renewals
- Email confirmation
- Admin approval & denial
Rental Activity Monitoring Ongoing monitoring of Short Term Rental listings for signs of rental activity
including historical revenue estimates & occupancy. Coupled with our Tax
Collection product, users can also compare historical revenue estimates to
actual reported revenue to identify those that may be underreporting and
underpaying sales tax (i.e. TOT).
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Order Form
Tybee Island, GA
Order #: Q-143233
Prepared: 10/07/2021
Page 5 of 7
Solution Description
Tax Collection Tax Collection can be built as a separate mobile-enabled form or coupled
with Mobile Permitting & Registration in one single portal allowing your
users to:- Report revenue monthly, quarterly, or annually and pay sales tax
due (i.e TOT)
- Remind users when they are registering for a permit/license to also report
any back taxes
- Collect ACH, Debit, and Credit Payments exclusively powered
by Stripe.com
Compliance Monitoring Compliance monitoring provides up-to-date information for each
identified Rental Unit and its compliance status. We configure your
compliance definition specific to your jurisdiction rules and ordinances in
order to provide up-to-date compliance status of each identified Rental
Unit. Additionally, this product will:- Allow your team to send letters to non-
compliant properties 24/7
- Configure letter templates with your branding and letterhead
- Add as many letter sequences as you need for escalation
- Monitor properties that become compliant after letter enforcement
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Order Form
Tybee Island, GA
Order #: Q-143233
Prepared: 10/07/2021
Page 6 of 7
TERMS & CONDITIONS
·Link to Terms: https://granicus.com/pdfs/Master_Subscription_Agreement.pdf
·This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It
is the responsibility of Tybee Island, GA to provide applicable exemption certificate(s).
·Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any
purpose other than the specific purpose of performing the services outlined within this Agreement.
·Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate
the subscription.
·Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which
the volume has changed from the prior term without regard to the prior term's per-unit pricing.
·Renewal pricing for Address Identification, Compliance Monitoring, Rental Activity Monitoring, 24/7 Hotline, Tax
Collection, and Mobile Permitting & Registration is based on the average volume of rental listings or units for the
preceding 10-12 months and is subject to volume-based pricing adjustments as described herein.
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Order Form
Tybee Island, GA
Order #: Q-143233
Prepared: 10/07/2021
Page 7 of 7
BILLING INFORMATION
Billing Contact:Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address:PO Number:
If PO required
Billing Email:Billing Phone:
If submitting a Purchase Order, please include the following language:
The pricing, terms, and conditions of quote Q-143233 dated 10/07/2021 are incorporated into this Purchase
Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.
AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The
undersigned also understands the services and terms.
Tybee Island, GA
Signature:
Name:
Title:
Date:
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File Attachments for Item:
12. First Reading, 2021-29 Sec 34-261(c)(3) and to add new Sec 34-266, Limit the Number of
Permits for the Operation of STVR's
- Page 146 -Item #12.
ORDINANCE NO. 2021-_____
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
ARTICLE VIII, SECTION 34, 260, ET SEQ. SO AS TO LIMIT THE NUMBER
OF PERMITS FOR THE OPERATION OF SHORT TERM VACATION
RENTALS IN RESIDENTIAL ZONES INCLUDING, R1, R2 AND R1B; TO
ESTABLISH REQUIREMENTS FOR PUBLIC HEARINGS AND A SUNSET
ON THE LIMITATION ON PERMITS IN THE R1, R2 AND R1B DISTRICTS
OF JUNE 15, 2022 IF NOT REPLACED BY A DIFFERENT NUMBER OF
PERMITS OR OTHER ACTION OF COUNCIL AND TO ESTABLISH
OCCUPANCY LIMITS ON EACH STVR AUTHORIZATION, AFTER PUBLIC
HEARINGS AND SUITABLE INPUT, AND TO CLARIFY THAT NO
TRANSFER OF A PERMIT IS POSSIBLE WITH THE SALE OF A
RESIDENCE BUT TO PERMIT NEW OWNERS OF EXISTING STVR'S; 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, a number of issues have arisen regarding the operation and
proliferation of short term vacation rentals operated as enterprises in residential
districts within the city thus being inconsistent with principl es of establishing
neighborhoods with a permanent residential usage of family oriented
neighborhoods; and
WHEREAS, following the adoption of a moratorium, the conducting of
multiple hearings and obtaining public input from various sources the Mayor and
Council have found that the operation of numerous short term vacation rental
property within the residential zones of the city has resulted in detrimental effects to
- Page 147 -Item #12.
the residents of the island in a manner that ne cessitates action to be taken that will
limit the impact of short term vacation rental operations so that such operations will
be less likely to disrupt usual and customary neighborhood life and the culture base
thereon;
NOW THEREFORE, it is hereby ordained that the code of ordinances will be
amended so as to require and provide as follows:
SECTION I
To amend Section 34-261(c)(3) so as to add thereto:
Occupancy of any short term vacation rental property or unit shall be
established in connection with the application for every short term vacation rental
permit with the occupancy for overnight usage limited to two adults per bedroom
identified as existing on the property. Occupancy's beyond the established limits in
the permit shall be a violation of the ordinance.
SECTION II
To add a new Section to be Section 34-266
In order to balance density considerations in R1, R2 and R1B neighborhoods,
there shall be no more than 760 permits allowed total within such zones at any time.
This limitation on the number of permitted short term vacation rental operations shall
be eliminated if not replaced by a different number or other Council action by June
15, 2022 following public hearings with appropriate public input. Notwithstanding
any other provision of the Code, the transfer of a property by sale or any conveyance
whatsoever shall not result in the transfer of the permit regarding the use of the
property for short term vacation rentals however, a buyer or other agent at the
transfer of property with an existing permit, must apply within 4 weeks of closing
for a new permit on the property and meet the requirements set forth for the
application and permit, including parking, safety and other requirements in the
application. When the maximum number of permits in R1, R2 and R1B have been
met, no further permits shall be authorized nor issued.
- Page 148 -Item #12.
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 ordaine d, 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.
______________________________
MAYOR
ATTEST:
_______________________________
CLERK OF COUNCIL
FIRST READING: ________
SECOND READING: ________
ENACTED: ________
- Page 149 -Item #12.
File Attachments for Item:
13. Second Reading: 2021-28, Sec 7-060: Removal of Significant Trees
- Page 150 -Item #13.
ORDINANCE NO. 2021-28
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF
TYBEE ISLAND SO AS TO INCLUDE PROVISIONS REGARDING REMOVAL OF
SIGNIFICANT TREES, APPEALS FOR DECISIONS REGARDING REQUESTS FOR
TREE REMOVAL PERMITS 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 C ity 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 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 performing tree removal do so in a professional and responsible
manner and
WHEREAS, it has become important to ensure that the permitting proces s and
implementation of tree removal permits be strengthened so that violations will be more
preventable; and
WHEREAS, the governing authority wants to clarify the type of tree that can be
considered as a replacement for a significant tree that is removed.
NOW THEREFORE, it is hereby ordained by the governing authority of the City of
Tybee Island duly assembled as follows:
SECTION I
Existing Tybee Code Sections identified as Article VII of Appendix A -Land
Development Code “Tree Removal Regulations” Sec 7-060 and 7-100 are hereby
amended as follows:
Sec. 7-060. - Removal of significant trees.
(A) Significant trees may be removed only under the following situations or conditions:
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1. Upon showing by the applicant that removal of a significant tree is necessary to
make reasonable beneficial, economic use of the property; such showing must
demonstrate that there is no feasible alternative that would preserve the tree, and
must be made for each significant tree the applicant proposes to remove;
2. For improvements, expansion and/or new construction of infrastructure services,
including water/sewer systems and streets, but only if no alternatives are available;
and
3. Prior to the issuance of a permit allowing the removal of a significant tree, the
zoning administrator shall confirm in writing that one or more of the situations
enumerated herein exists.
(B) The tree removal permit allowing the removal of significant trees shall require the
landowner/permittee to comply with the requirements set forth in sect ions 7-
070 and 7-080 and the additional following conditions:
1. Each removed significant tree shall be replaced with one or more trees from the
significant tree list below having an aggregate DBH at least equal to the DBH of the
removed tree, and meeting the requirements of section 7-080; such replacement
tree(s) shall be considered to be one tree for the purpose of meeting density
requirements established in section 7-050(A); the exception to this provision is a d ead
tree, or a diseased tree that is a danger to or obstructs public safety and welfare or
that might infect otherwise healthy trees.
2. Significant trees left remaining on the site may be counted as replacement trees
according to the mitigation schedule. These trees must be noted on the plat and shall
be protected as a tree as defined by section 2-010.
Sec. 7-100. Appeals of actions.
Appeals of decisions of the city administrator, city marshal, or his designee,
pursuant to this article shall be made to the Planning Commission. The Planning
Commission shall review the appeal and make a formal recommendation to the mayor
and council. The mayor and council will finally decide any such appeal at a city council
meeting.
Significant Species
Common Name and
Scientific Name
Mitigation Equivalent
Per One Inch Live Oak
For New
Plantings
Minimum DBH
Required for
Remaining
Trees
Special Note
Red cedar Juniperus
virginiana
1:1 4″
Live oak Quercus
virginiana
1:1 4″
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Laurel oak, water oak,
etc. Quercus sp.
NA 4″ Water oaks left
only in
naturalized area
Magnolia grandiflora 1:1 4″
Sugarberry Celtis
laeirgata
1:1 4″
Red bay Persea
borbonia
1:1 4″
Sycamore Plantanu
occidentalis
1:1 4″
Sweetgum
Liquidamber syraciflora
NA 4″
Native hollies Ilex sp. 1:1 3″
Native maples Acer sp. 1:1 3″
Toothache tree
Xanoxylum clava-
hercules
1:2
(1 inch toothache =
2 inch Live Oak)
3″
Eastern redbud Cercis
Canadensis
1:1 3″
Devilwood (wild olive)
Osmanthus
americanus
NA 3″
Carolina laurelcherry
Prunus caroliniana
2:1 4″
Carolina willow Salix
caroliniana
1:1 4″
Tough bumelia
(buckthorn) Bumelia
tenex
1:2 3″
Sparkleberry
Vaccinium arboretum
1:2 3″
Palm numerous
scientific names
1:1 3″
(Ord. No. 12-2012, 4-26-2012)
SECTION II
All ordinance 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
Ordinance, City of Tybee Island, Georgia, and the sections of this o rdinance may be
renumbered to accomplish such intention,
- Page 153 -Item #13.
X:\Clients\000572\000572\000001 - Ordinances\ORDIN
2021\08.16.2021 Tree Redline .docx
This Ordinance shall become effective on ____ day of _____, 2021.
ADOPTED THIS _____ DAY OF ______ 2021.
_____________________
MAYOR
ATTEST:
________________
CLERK OF COUNCIL
FIRST READING: __________
SECOND READING: __________
ENACTED: __________
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