HomeMy Public PortalAbout20211110Packet.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
November 10, 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 Educator's Day
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
2. Minutes: October 28, 2021
Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10
minutes.
3. John Napotnik, Executive Director, Tybee Island YMCA
If there is anyone wishing to speak to anything on the agenda other than the Public Hearings,
please come forward. Please limit comments to three (3) minutes – five (5) minute maximum.
Consideration of Approval of Consent Agenda
Consideration of Bids, Contracts, Agreements and Expenditures
4. Purchase of 10 Handhelds/Printers for Parking Services. Cost: $24,870. Equipment
and program needs updating.
5. 2022 Budget Amendment: Transfer $500,000 from the General Fund Balance to Capital
Fund to finance various pavement improvement projects
6. Out of State Travel: Campground Staff to attend Grand Strand Gift Show, Myrtle Beach,
SC, December 5 - 7, 2021. Budget line item: 555-6180-52-3500, $1,000
7. Contract: Clarifier Rebuild, Water/Sewer
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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
8. City Hall Rehabilitation
Consideration of Ordinances, Resolutions
9. Second 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
10. Resolution: 2021-10 Modifying Resolution Number 2021-06 Limiting the Issuance of
Occupational Tax Certificates or of Permits for Short Term Vacation Rentals subject to
Exceptions and Extending the Moratorium through April 30, 2022
Council, Officials and City Attorney Considerations and Comments
11. Barry Brown: Private Parking Lots in Residential Zones
12. Spec Hosti: Failed Cretaceous Well
13. Shawn Gillen: Tree Removal Costs on unopened 5th Avenue
Minutes of Boards and Committees
14. Tybee Island Marine Science Trustee Meeting Minutes, November 1, 2021
15. PC Minutes and Attachments- 20211018
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 Educator's Day
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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
PROCLAMATION
RETIRED EDUCATIONS DAY
WHEREAS: The Governor of the State of Georgia has proclaimed the day of Monday, November 1,
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, Shirley Sessions, Mayor of Tybee Island do hereby proclaim the day of November 1,
2021, as “RETIRED EDUCATORS DAY” and I call upon the citizens of Tybee Island to observe that
day in an appropriate manner honoring retired educators.
Given unto my hand and seal at Tybee Island, Georgia, on this 10th day of November, in the year of our
Lord, 2021.
_______________________
Shirley Sessions, Mayor
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File Attachments for Item:
2. Minutes: October 28, 2021
- Page 5 -Item #2.
City Council Minutes, October 28, 2021
Consideration of Items for Consent Agenda
Mayor Sessions called the Consent Agenda to order at 6:30PM. Those present were Monty Parks,
Barry Brown, John Branigin and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager;
Bubba Hughes, City Attorney; Tracy O’Connell, City Attorney; George Shaw, Director, Community
Development; and Janet LeViner, Clerk of Council. Jay Burke was excused and Nancy DeVetter
attended remotely.
Mayor Sessions listed the following items on the consent agenda:
Minutes, October 14, 2021
Addition to Minutes
Notes: City Council Workshop "Assess Surveys" STVR's
Agreement: Leonard and City of Tybee Island: Improvement of Polk Street south of
Highway 80
Contract: Electric Vehicle Charging Stations Licensing Agreement
State Fiscal Recovery Fund Terms and Conditions for Public Safety Officials and First
Responders Pay Supplement
Host Compliance (Granicus) Agreement
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
Pledge of Allegiance
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times
of 5 minutes.
David Baker: Continued Lack of Transparency by Select City Staff (attached)
Maria Lancaster: STVR proposed Ordinance (attached)
Karee Vazquez: STVR proposed Ordinance (attached)
Keith Gay: STVR proposed Ordinance
Cody Gay: Moratorium (attached)
Cody Jones: STVR proposed Ordinance (attached)
Anita Mathewson: STVR proposed Ordinance
Debbi Kearney: STVR proposed Ordinance (attached)
Carrie Efird: STVR proposed Ordinance (attached)
Amy Gaster: STVR proposed Ordinance (attached)
Bill Garbett: STVR proposed Ordinance (attached)
Ken Williams: STVR proposed Ordinance
Jon Wegman: STVR proposed Ordinance
Ruthie Wilson: STVR proposed Ordinance (attached)
Taylor Griesback: STVR proposed Ordinance
Shirley Wright: STVR proposed Ordinance (attached)
Tony Vazquez: STVR proposed Ordinance (attached)
Tanya Huff: STVR proposed Ordinance
Roger Huff: STVR proposed Ordinance (attached)
Susan Kelleher: STVR proposed Ordinance
Dale Williams: STVR proposed Ordinance
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�� D a n a D a n i e l s o n : S T V R p r o p o s e d O r d i n a n c e
�� D a w n S h a y : S T V R p r o p o s e d O r d i n a n c e
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�� D u s t y C h u r c h : S T V R p r o p o s e d O r d i n a n c e ( a t t a c h e d )
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T r e e R e m o v a l C o s t s o n u n o p e n e d 5 t h A v e n u e . M a y o r S e s s i o n s a s k e d D r . G i l l e n t o b r i n g
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t h e a g e n d a i t e m i s t h e s o u t h - e n d b a t h r o o m p r o j e c t t h a t C h a t h a m C o u n t y o f f e r e d $ 7 5 0 , 0 0 0 i n
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o p p o s i t i o n a n d i n f a v o r t h a t w i l l b e i n c l u d e d i n t h e m i n u t e s f o r t h e r e c o r d . J o h n B r a n i g i n m a d e
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C o n s i d e r a t i o n o f O r d i n a n c e s , R e s o l u t i o n
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c o n f i r m e d a n d c o n t i n u e d t h e p e r m i t h a s b e e n c a n c e l l e d . M r . H u g h e s s t a t e d t h e r e a r e t w o ( 2 )
s e c t i o n s t o t h e p r o p o s e d o r d i n a n c e . T h e f i r s t s e c t i o n a d d r e s s e s o c c u p a n c y l i m i t e d b a s e d o n t w o
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i s n o t i n c l u d e d i n t h e v e r s i o n b e f o r e M a y o r a n d C o u n c i l t h i s e v e n i n g . H e c o n t i n u e d , S e c I I w h i c h
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c o u c h e s a r e e v e r y w h e r e . A d e f i n i t i o n o f c h i l d i s a p p r o p r i a t e . H e a l s o f e e l s t h e r e n e e d s t o b e a
d e f i n i t i o n o f g o o d s t a n d i n g f o r t h e p r o p e r t y a n d i n g o o d s t a n d i n g i n t o t h e a l l o w a n c e o f
t r a n s f e r w o u l d b e a p p r o p r i a t e . M r . H o s t i s t a t e d S T V R s h a v e b e e n a n a s s e t t o t h e I s l a n d a n d
t h e r e n e e d s t o b e a c a p . H e d o e s n o t f e e l t h e p r o p o s e d o r d i n a n c e s h o u l d b e p a s s e d a s i t i s
- P a g e 7 - I t e m # 2 .
complicated and needs to be tabled. He does agree with the two (2) plus two (2) and is unsure
regarding the cap. Mayor Sessions gave the history of the discussions and work group regarding
STVR’s. Mr. Branigin stated he is very much opposed to the moratorium when it came and felt a
resolution format needed to be done which would not require a first or second reading was
inappropriate. He was also very concerned after it passed as he felt it was being rushed. Mr.
Branigin stated, to be clear, this ordinance basically codifies the moratorium in an ordinance
format and expires without further action by Mayor and Council on June 15, 2022. What this
does, it addresses his biggest concern which is a rush to deal with other nuisances and move it
forward before the moratorium expires on November 26, 2021. He continued, as he does not like
this, this is a step back as many of the businesses is asking for, a pause. A Consensus of
Council is to address Section I and Section II individually. Lengthy discussions
ensued as to language for the proposed ordinance to include occupancy, transfer of
ownership, the Compassion Clause and a process for a wait list for new permits.
o Section I: Monty Parks made a motion to approve Section I of the proposed
ordinance in the packet, with the following language:
Limiting the occupancy level of the Short Term Vacation Rental property or
unit, establish in connection with the application for every Short Term
Vacation Rental Permit with the occupancy by overnight uses is limited to
two (2) adults per bedroom plus two (2) for the dwelling as identified as
existing on the property. Occupancy beyond the established limits of the
permit shall be a violation of the ordinance. Barry Brown seconded.
Voting in favor were Monty Parks, Barry Brown and Nancy DeVetter. Voting
against were John Branigin and Spec Hosti. Motion to approve, 3-2.
o Section II. Barry Brown made a motion to approve Section II with the following
language only:
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 vacations rental operations shall be eliminated if not replaced
by a different number or other Council action by June 15, 2022 or sooner
following public hearings with appropriate public input. Nancy DeVetter
seconded. Voting in favor were Barry Brown, Nancy DeVetter and Monty
Parks. Voting against were Spec Hosti and John Branigin. Vote was 3-2
to approve.
Second Reading: 2021-28, Sec 7-060: Removal of Significant Trees. Spec Hosti made
a motion to approve. Monty Parks seconded. Voting in favor were Nancy DeVetter, Monty
Parks, Barry Brown and Spec Hosti. Voting against was John Branigin. Vote to approve 4-1.
Spec Hosti made a motion to adjourn to Executive Session to discuss Real Estate, Personnel and
Litigation. Monty Parks seconded. Vote was unanimous to approve, 5-0
Nancy DeVetter left the meeting.
Monty Parks made a motion to return to regular session. John Branigin seconded. Vote was
unanimous to approve, 4-0.
Spec Hosti made a motion to adjourn. Monty Parks seconded. Vote was unanimous to
approve, 4-0.
- Page 8 -Item #2.
Meeting adjourned.
______________________________
Janet R. LeViner, MMC
Clerk
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File Attachments for Item:
4. Purchase of 10 Handhelds/Printers for Parking Services. Cost: $24,870. Equipment and
program needs updating.
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File Attachments for Item:
5. 2022 Budget Amendment: Transfer $500,000 from the General Fund Balance to Capital Fund
to finance various pavement improvement projects
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File Attachments for Item:
6. Out of State Travel: Campground Staff to attend Grand Strand Gift Show, Myrtle Beach, SC,
December 5 - 7, 2021. Budget line item: 555-6180-52-3500, $1,000
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File Attachments for Item:
7. Contract: Clarifier Rebuild, Water/Sewer
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1
AGREEMENT WITH THE CITY OF TYBEE ISLAND, GA
FOR THE
CLARIFIER REBUILD PROJECT
THIS AGREEMENT, made this _____ day of _______________, 2021, by and between
the City of Tybee Island, GA, hereinafter called the “Owner” at P.O. Box 2749, Tybee Island,
GA 31328, and Southern Civil, LLC, hereinafter called the “Contractor”, of PO Box 9,
Townsend, Georgia 31331 and 18525 Hwy 17, Townsend, Georgia (address).
WITNESSETH:
WHEREAS, the City of Tybee Island, GA, has heretofore solicited proposal s for
all material, work and improvements and for the doing of all things included within the
hereinafter specified Clarifier Rebuild Project.
WHEREAS, the City of Tybee Island, GA, did find that the Contractor was the
most responsible, responsive and preferred offeror for the hereinafter specified
Clarifier Rebuild Project (hereinafter “Project”).
NOW, THEREFORE, for and in consideration of their mutual promises,
covenants, undertakings, and agreements, the parties hereto do hereby agree as follows:
ARTICLE I - WORK TO BE DONE BY CONTRACTOR
Contractor agrees, at his own cost and expense, to do all the work and furnish all
the labor, materials, equipment, and other property necessary to satisfactorily do, construct,
install, and complete all work and improvements for the Clarifier Rebuild Project for the
City of Tybee Island, GA (Project), all in full accordance with, and in compliance with and
as required by the hereinafter specified Contract Documents for said Contract, and to do, at
his own cost and expense, all other things required of the Contractor by said Contract
Documents for said work.
ARTICLE II- CONTRACT DOCUMENTS
The Contract Documents herein named include all of the following component
- Page 81 -Item #7.
1
parts, all of
which are as fully a part of this Contract as if herein set out verbatim, subject to all
stated exclusions,
or, if not attached, as if hereto attached:
1. Request for Proposal RFP No. 2021-761
2. Instructions to Proposers
3. Contractor’s Proposal
4. General Conditions of the Contract
5. Agreement
6. Technical Requirements
7. Contract Drawings / Bid Plans – as finalized and issued for construction
8. All Bonds, Insurance Certificates and Insurance Policies mentioned or
referred to in the foregoing documents
9. Any and all other documents or papers , included or referred to in any of the
foregoing documents including all Permits , and all E-verify and Save
Affidavits as required by law.
10. Any and all Addenda to the foregoing, all of which are on file with the Owner
or at the office of the project engineer, Peter Gulbronson.
ARTICLE III- CONTRACT AMOUNT
The Contractor agrees to receive and accept the following unit prices and lump
sum prices as full compensation for furnishing all materials and equipment and for doing
all work contemplated and embraced in this agreement, and for all loss or damage
arising out of the nature of the work aforesaid, or from the action of the elements, or
from any unforeseen difficulties or obstructions which may arise to be encountered in
the prosecution of the work until its acceptance by the Owner, and for all risks of every
description connected with the work, and for well and faithfully completing the whole and
entire work, in the manner and according to and in compliance with the Contract
Documents as directed by the City in accordance with these documents, and for any and
all other things required by the Contract Documents. The contract amount is $359,563.00
Total.
See attachments hereto which are incorporated herein.
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1
ARTICLE IV- SPECIAL CONDITIONS
As a result of the solicitation process and the proposal of Contractor, the parties
have agreed that the total amount payable under the contract for all work, equipment and
plant is $359,563.00.
ARTICLE V- STARTING AND COMPLETION
The Contractor shall, and agrees to, commence work for the Project within
_____ calendar days after the Permitted start date of ______ ____, 2022 , and to
complete fully all work required by the Contract Documents to the point of Final
Acceptance by the Owner within 203 Calendar days.
ARTICLE VI- PAYMENT TO CONTRACTOR
Owner agrees with said Contractor to employ, and does hereby employ, the said
Contractor to provide the material and do all the work and do all other things herein
above mentioned according to the terms and conditions hereinafter contained or referred
to, for the prices aforesaid, and hereby contracts to pay Contractor at the time, in the manner
and upon the conditions set forth or referred to in the Contract Documents; and the Owner
and the Contractor for themselves, their heirs, executors, administrators, successors and
assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE VII-INVALIDITY AND SEVERABILITY
The invalidity of any provision included in any of the Contract Documents shall not
be deemed to impair or affect in any manner the validity and enforceability of the remainder
of the Contract Documents, and in such event, all the other provisions of the Contract
Documents shall continue in full force and effect as if such invalid provision had never
been included therein. Owner and Contractor agree that, in such event, the Contract
Documents shall be reformed to replace the stricken provision or part thereof with a valid
and enforceable provision that achieves, to the maximum extent possible, the intention of
the stricken provision.
ARTICLE VIII - CHOICE OF LAW AND FORUM SELECTION
The Contract Documents shall be construed and controlled by and under the laws of
- Page 83 -Item #7.
1
the State of Georgia without regard to conflicts of laws principles. Further, any dispute
arising out of or concerning the Contract Documents, or any action or inaction performed
thereunder, shall be adjudicated in either (a) the United States Court for the Southern District
of Georgia, Savannah Division; or (b) the State or Superior Courts of Chatham County,
Georgia, and the parties waive any defenses of personal and/or subject matter jurisdiction to
the aforesaid venues.
IN WITNESS WHEREOF, the parties hereto have caused this Instrument
to be executed in four original counterparts the day and year first above
written.
Southern Civil, LLC
(Contractor)
By: _________________________
Title: _______________________
Attest: ____________________ Title ________________________
City of Tybee Island, GA
(Owner)
By: Mayor_________________________
Attest: ____________________ Title ________________________
Approved this _____day of ___________________, 2021.
Approved as to form
By: __________________________
Edward M. Hughes, City Attorney
- Page 84 -Item #7.
1
NOTICE TO PROCEED
TO: Southern Civil, LLC DATE:
_
PO Box 9 Townsend, GA 31331
PROJECT: CITY OF TYBEE ISLAND, GA, CLARIFIER REBUILD PROJECT
You are hereby notified to commence site work at __________________ in accordance with the
Agreement dated _________________, on, or after___________________, and you are to fully
and satisfactorily complete the work to the point of Final Acceptance within 90 days of
commencement of work.
The City of Tybee Island, GA (OWNER)
By
(SIGNATURE)
(TITLE)
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged this day of
_________________________2021
(CONTRACTOR)
(SIGNATURE)
(TITLE)
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1
4374148.1
000572-000572
WAIVER AND RELEASE OF LIEN
FROM: Southern Civil, LLC
TO: City of Tybee Island, GA (Owner of Project)
PROJECT: CITY OF TYBEE ISLAND, GA, CLARIFIER REBUILD PROJECT
KNOW ALL MEN BY THESE PRESENTS:
1. The undersigned, having been employed by The City of Tybee Island, GA, to furnish
labor and/or materials for the referenced project, does hereby waive and release any and all lien
and claim or right to lien and claim against the City of Tybee Island, GA, on the referenced
project on account of labor or materials, or both furnished for the referenced project.
2. The undersigned further certifies that to the best of his knowledge and belief, there are
no unsatisfied or outstanding claims of any character arising out of the furnishing of labor
and/or materials for the referenced project.
3. The undersigned further agree that, after execution of this document, it will defend at its
expense, and save the City of Tybee Island, GA, harmless from any and all claims or liens
arising out of the undersigned's furnishing of labor and/or materials for the referenced project.
4. The undersigned has executed this document in order to induce the City of Tybee Island,
GA, to make final payment to and in no way acts as a release of any claim the undersigned may
have against parties other than the City of Tybee Island, GA, arising out of the furnishing of
labor and/or materials for the referenced project.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this
__ day of _____________________ , 2021
STATE OF _
COUNTY OF _
Personally appeared before me the undersigned Notary Public in and for said County and
State, , who is known to me and who, after being duly sworn,
deposes and says that the facts stated in the above affidavit are true.
NOTARY PUBLIC
(
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File Attachments for Item:
8. City Hall Rehabilitation
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File Attachments for Item:
9. Second 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 109 -Item #9.
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 OR SOONER IF NOT REPLACED BY A DIFFERENT
NUMBER OF PERMITS OR OTHER ACTION OF COUNCIL; AND TO
ESTABLISH OCCUPANCY LIMITS ON EACH STVR 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; AND 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 termshort-term vacation rentals operated as enterprises in
residential districts within the city thus being inconsistent with principl es of
establishing neighborhoods with a permanent family residential presence 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
- Page 110 -Item #9.
tmpB3A410.26.21 - Revised Ordinance RE permits on STVRs
propertiesy within the residential zones of the Ccity has resulted in detrimental
effects to the residents of the island in a manner that ne cessitates action to be taken
that will limit the impact of such operations short term vacation rental operations so
that such operations there will be less likely to disruption to 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 termshort-term vacation rental property or unit shall
be established in connection with the application for every short termshort-term
vacation rental permit with the occupancy for overnight usage limited to two adults
per bedroom plus two additional adults for the dwelling identified as existing on the
property. Any person over the age of fifteen years old will be considered an adult
for purposes of this ordinance. Occupancy'sOccupancies 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 ti me.
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 or sooner 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 new permit may
be issued if a buyer or other agent at the transfer of property with an existing permit ,
applies within 4 weeks of closing for a new permit on the property. When the
maximum number of permits in R1, R2 and R1B have been met, no further permits
shall be authorized nor issued.
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tmpB3A410.26.21 - Revised Ordinance RE permits on STVRs
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.
______________________________
MAYOR
ATTEST:
_______________________________
CLERK OF COUNCIL
FIRST READING: ________
SECOND READING: ________
ENACTED: ________
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X:\Clients\000572\000572\000001 - Ordinances\ORDIN 2021\11.2.21
- Revised Ordinance RE permits on STVRs - Second Reading
- Page 113 -Item #9.
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 OR SOONER IF NOT REPLACED BY A DIFFERENT
NUMBER OF PERMITS OR OTHER ACTION OF COUNCIL; TO
ESTABLISH OCCUPANCY LIMITS ON EACH STVR; AND 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 family residential presence; 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
properties within the residential zones of the City has resulted in detrimental effects
to the residents of the island in a manner that ne cessitates action to be taken that will
limit the impact of such operations so that there will be less disruption to usual and
customary neighborhood life;
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tmpC5FE
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
plus two additional adults for the dwelling identified as existing on the property.
Any person over the age of fifteen years old will be considered an adult for purposes
of this ordinance. Occupancies 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 or sooner following public hearings with appropriate public input.
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
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X:\Clients\000572\000572\000001 - Ordinances\ORDIN 2021\11.2.21
- Revised Ordinance RE permits on STVRs - Second Reading
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: ________
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File Attachments for Item:
10. Resolution: 2021-10 Modifying Resolution Number 2021-06 Limiting the Issuance of
Occupational Tax Certificates or of Permits for Short Term Vacation Rentals subject to
Exceptions and Extending the Moratorium through April 30, 2022
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tmpEB71
RESOLUTION NO 2021-10
A RESOLUTION MODIFYING RESOLUTION NUMBER 6-2021 LIMITING THE
ISSUANCE OF OCCUPATIONAL TAX CERTIFICATES OR OF PERMITS FOR SHORT
TERM VACATION RENTALS, SUBJECT TO EXCEPTIONS AND EXTENDING THE
MORATORIUM THROUGH APRIL 30, 2022
WHEREAS, the City of Tybee Island through its Mayor and Council has previously on
August 26, 2021 adopted a moratorium resolution limiting or prohibiting the issuance of
authorizations for the operation of short term vacation rental properties; and
WHEREAS, a resolution was entered on the 14th day of October, 2021 modify resolution
6-2021 so as to make the moratorium only applicable to R1, R2 and R1B districts within the City;
and
WHEREAS, public meetings have been held regarding the terms of ordinances and
proposed ordinances which were debated, and which are currently under consideration however,
further time is needed to continue studies and to conduct hearings on proposals on the impact of
short term vacation rentals, and on the potential controls of occupancy, noise, parking and other
considerations which may best be handled through amendments to the short term vacation rental
ordinance and the zoning ordinances of the City; and
WHEREAS, further time is needed in order to continue the investigations and meetings
soliciting input on the multiple issues involved in the process including zoning issues and
consideration thereof;
NOW THEREFORE BE IT RESOLVED in open meeting by the Mayor and Council that
until April 30, 2022, unless Council should act sooner, no further permits shall be issued for short
term vacation rental operations and the moratorium of 6-2021, as modified by Resolution 2021-8
is hereby extended. All terms thereof shall continue in full force and effect including those
provisions relating to repermitting previously permitted properties upon an appropriate
application. All other issues impacting such properties and the operations that impact on city
residents during the course of the moratorium will also receive due consideration.
BE IT SO RESOLVED, this _____day of ______________, 2021.
ATTEST:
By _________________________ Mayor:______________________
City Clerk City of Tybee Island
(SEAL)
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File Attachments for Item:
14. Tybee Island Marine Science Trustee Meeting Minutes, November 1, 2021
- Page 119 -Item #14.
TIMSC Meeting Minutes: November 1, 2021
Present: Sakas, Hutton, Duch, Makel, Procopio, Lane and Daves
Absent: Robertson, Neal, Reed, Williams, and Pride
Minutes of the August 5th, 2021 Meeting: Approved on line. Vote
unanimous. Minutes submitted to the Clerk of Council, Tybee Is-
land
Financial Update:
Sarah Richbourg Canady, Richbourg & Associates, summa-
rized her draft of the 2020 annual audit for the Trustees. Ms Rich-
bourg identified one major change in the 2020 report… the loss of
revenue totaling $222,490 as a result of the Center’s closure dur-
ing the pandemic. However, the revenue generated by admission
fees, gift shop sales, summer camp fees since the opening of the
Center, April 1, 2021 indicates that the Center will be “back on
track” by the end of fiscal year 2021. Ms Richbourg noted that for
a non-profit organization, TIMSC is remarkably stable in it’s ex-
penditures and the Center has proven resilient in the face of the
epidemic.
Duch reiterated the pandemic recovery in his Key Financial Re-
port of the first nine months of 2021. See Handout
Exhibit Update:
Maria Procopio reviewed the Capital Campaign Activity, listing the
donor allocations, expenditures as of 10/31/2021, and projected
costs of remaining projects.
Procopio also displayed the donor signage for the various exhib-
its. To save costs, the signs are being manufactured in-house by
- Page 120 -Item #14.
the staff. Each sign will have a hash tag allowing enthusiasts to
follow their favorite marine animal on various social media plat-
forms.
Dave Makel is working with Procopio to plan the security system
and acoustical panel placement.
West Wing exhibits are largely complete and other than the touch
tank all the exhibits have been created and installed by the staff.
East Wing exhibits are in the planning stage with the assistance
of Peter Sollogub.
Consortium Meeting:
Sakas, Daves, and Procopio detailed events and successes of
their recent trip to Boston. The trip, sponsored by Nancy Daves,
was to research the efforts of the North Atlantic Shareholders to
prevent vessel strikes of the Right Whale, an endangered spe-
cies. Groundwork was laid for a future partnership with the
Woods Hole Oceanographic Institution and Tybee Island Marine
Science Center. The Center would be the Southern leg of the
Right Whale Conservation Project.
January 22 Annual Cocktail Party for Major Donors
Sakas called for volunteers to assist Sara Lane who will serve as
chair of the Gala Committee. Sakas and Hutton Volunteered.
Several Trustees offered their wives as volunteers but Sakas re-
quested the wives confirmation!
Pilot Study for the Matthew Reardon Center for Autism Visit
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Hutton renewed efforts to begin exploring the proposal to offer
Autistic Children a visit to the Center. Jack O.Connor, Director
of the Center, extended an invitation to the board to visit the Mat-
thew Reardon Center to meet the students. Hutton, Lee Ann
Kole (Patron) and Beth Palmer, Education coordinator, will visit
the Matthew Reardon Center in early March.
Minutes submitted by Jeanne Hutton, Secretary
Next Board Meeting: January 3, 2022
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File Attachments for Item:
15. PC MINUTES AND ATTACHMENTS- 20211018
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