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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
Dana Danielson: STVR proposed Ordinance
Dawn Shay: STVR proposed Ordinance
Mike Flores: STVR proposed Ordinance
Dusty Church: STVR proposed Ordinance (attached)
Mayor Sessions thanked everyone for speaking and sharing their thoughts.
Barry Brown made a motion to approve the consent agenda.Spec Hosti seconded. Vote was unanimous to approve, 5-0.
Consideration of Bids, Contracts, Agreements and Expenditures
Tree Removal Costs on unopened 5th Avenue. Mayor Sessions asked Dr. Gillen to bring back to Mayor and Council documents as to who will be responsible for payment of the removal of the
trees.
ITB 2021-762: Tybee Promenade Public Restrooms. This project is being funded with Chatham County SPLOST funds. Dr. Gillen approached Mayor and Council. Dr. Gillen stated the agenda
item is the south-end bathroom project that Chatham County offered $750,000 in SPLOST funds. There was one (1) bid on the project and the base bid was $657,864 and there is an add alternate
and that is if the City has to move a sewer line where it currently flows into the system to across the parking lot. Mayor Sessions stated the City did receive letters in opposition
and in favor that will be included in the minutes for the record. John Branigin made a motion to approve. Spec Hosti seconded. Vote was unanimous to approve, 5-0.
Consideration of Ordinances, Resolution
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 Short Term Vacation Rental's (STVR’s) . Mayor Sessions stated several
people during the previous Citizen to Be Heard mentioned that the City Manager had registered his private residence and received a permit for STVR. Dr. Gillen confirmed and continued
the permit has been cancelled. Mr. Hughes stated there are two (2) sections to the proposed ordinance. The first section addresses occupancy limited based on two (2) adults per bedroom
with children not being mentioned, social media indicated they would be excluded. Mr. Hughes stated it is the opposite as there is no limit on children and that could be clarified if
need be. There has also been discussions regarding having a limit on visitors and that is not included in the version before Mayor and Council this evening. He continued, Sec II which
has received the most comments is the effort to impose a cap on the residential districts based upon the number of permits that is thought to be the amount that currently exists. He
understands there are potential issues regarding this. Sec II does contain a provision that if a unit is sold they buyer or the buyer’s agent must apply for a new permit within four
(4) weeks of the closing. Mayor Sessions asked if the children and bedrooms have both been mentioned, is there a definition for “children”? She feels there needs to be a definition
of not only “children” but also of “bedrooms”. Mr. Hughes stated the Land Development Code may have a general definition of “bedroom”. Mayor pro tem Brown confirmed there is a definition
in the Southern Building Code in which it requires a closet. Mayor Sessions stated those two items need to be clear. Ms. DeVetter stated the industry standard is two (2) per bedroom
plus two (2). She is also curious about the children limitation and would like further discussion. It is her recommendation to go along with the industry standard, two (2) adults per
bedroom for overnight plus two (2). Mr. Branigin stated he supports two (2) per bedroom plus two (2) as pull out couches are everywhere. A definition of “child” is appropriate. He
also feels there needs to be a definition of “good standing” for the property and in “good standing in to the allowance of transfer” would be appropriate. Mr. Hosti stated STVR’s have
been an asset to the Island and there needs to be a cap. He does not feel the proposed ordinance should be passed as it is 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.
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.
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.
Meeting adjourned.
______________________________
Janet R. LeViner, MMC
Clerk