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HomeMy Public PortalAbout20210826Minutes.docx City Council Minutes, August 26, 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 12, 2021 Attachments to Minutes Award Leasing of Garbage Truck to Under CDL, $42,436.00 Revocable License/Indemnity Agreement/Right-of-Way Travel Request: Out of state travel for two Campground staff to the National Association of RV Parks and Campgrounds Outdoor Hospitality Conference and Expo in Raleigh, NC November 8-12, 2021.  Budgeted under line item 555-6180-52-3500. $4,187 Purchase of Gas Pumps for Safety Building.  Budget Amendment forthcoming for $31,185.88 Reimbursement Resolution Resolution, 2021-07, Municipal Court/Probate Court Prosecutor, Andre Pretorious, Solicitor Tybee Island Municipal Court Mayor Sessions called the regular meeting to order. All those present for the consent agenda were present. Opening Ceremonies Call to Order Invocation: Rev June Johnson, All Saints Pledge of Allegiance Invited Guests  Charles Barrow, Attorney, Tybee Island Ethics Commission approached Mayor and Council. Mr. Barrow stated there is a report in the packet before them this evening regarding the recent Ethics Commission matter that has been concluded. The Commission did find that was a violation of the Ethics Ordinance and is now being presented to Mayor and Council. In accordance with the Ethics Ordinance, Mayor and Council are now to decide if there is repercussion in regards to the ethics violation. Mr. Barrow quoted from the Ordinance, “disciplinary action may include censor and either private or public reprimand”. He does not feel that is the only action they can take. Mayor pro tem Brown made a motion to postpone any decision until the second meeting in September, September 23, 2021, so he can review the complaint and findings of the Ethics Commission. Monty Parks seconded. Vote was unanimous 5-0 to approve moving to the September 25, 2021 meeting. Jay Burke recused. Citizens to be Heard:  Please limit comments to 3 minutes.  Maximum allowable times of 5 minutes. Kate Burns, approached Mayor and Council to speak in favor of Dogs on the Beach. Mary McLemore approached Mayor and Council to give the results of a survey that was done regarding allowing/non allowing dogs on the beach. Jan Will approached Mayor and Council to speak to the recent Ethics Complaint Cody Jones approached Mayor and Council representing Savannah Area Relator’s, Savannah Multi-List Corporation and the Realtor’s Commercial Alliance of Savannah and Hilton Head, to speak against the proposed STVR Resolution Matt Campbell approached Mayor and Council representing not only himself but the Georgia Association of Realtors to speak against the proposed STVR Resolution Chris Lane approached Mayor and Council representing Savannah Area Realtors to speak to the proposed STVR Resolution and asked that this be tabled until the public is afforded an opportunity to provide comment Mark Nathan approached Mayor and Council to speak in opposition to Dogs on the Beach Pilot Program Carol Nathan approached Mayor and Council to pause on the proposed STVR Resolution as they have lost their neighborhoods Mack Kitchens approached Mayor and Council to speak in favor of the proposed STVR Resolution Robert Groover approached Mayor and Council to speak to the proposed STVR Resolution Anna Garrison approached Mayor and Council to speak to the proposed STVR Resolution Trisha Cook approached Mayor and Council to speak against the proposed STVR Resolution Jenny Rutherford approached Mayor and Council to ask them to vote for dogs on the beach; STVR parking equitable; and STVR Occupancy Rate. John Branigin (resident) approached Mayor and Council to speak against the proposed increase in Regulatory Fees for Alcohol Licenses Eric Thomas approached Mayor and Council to speak to the proposed increase in Regulatory Fees for Alcohol Licenses as not to the 254% increase but a gradual increase over the years Jenny Orr approached Mayor and Council to speak to the Regulatory Fees for Alcohol Licenses as not to the 254% increase but a gradual increase over the years Amy Gaster approached Mayor and Council to speak to the proposed STVR Parking agenda item as they should be enforced. She also asked that any vote on the STVR Resolution be deferred. Patrick Connell approached Mayor and Council on behalf of the Tybee Island Association of Real Estate Agents and Owners to ask Mayor and Council to use caution in regards to the STVR Resolution Keith Gay approached Mayor and Council to speak on all the STVR issues on the agenda. He stated he is not in favor of the proposed STVR Resolution. Dale Williams approached Mayor and Council to speak to his disappointment that corporate are trying to come in and run the Island. Debbie Kearney approached Mayor and Council to speak in support of the STVR Resolution Roger Huff approached Mayor and Council to speak to Dogs on the Beach as he is in favor of that and against the proposed STVR Resolution Todd Norman approached Mayor and Council to speak in favor of the STVR Resolution April Parker approached Mayor and Council to speak against the STVR Resolution Lori Dalton approached Mayor and Council to speak against the possible increase in Regulatory Fees for Alcohol Licenses Walt Freeman approached Mayor and Council to speak to the STVR Resolution as he feels it is a property rights issue. Greg Howell approached Mayor and Council to speak against the STVR Resolution Murray Marshal approached Mayor and Council to speak to the STVR Parking and applauds Mayor and Council to have a parking requirement. Sam Shay approached Mayor and Council to speak to Alley 3 and is in favor and remaining open. Monty Parks made a motion to approve the consent agenda.Nancy DeVetter seconded. Vote was unanimous to approve, 6-0. Consideration of Ordinances, Resolution Resolution:  2021-06, STVR Moratorium. Jay Burke recused. Mr. Hughes stated this is a result of ongoing discussions and the current proposal began with a six (6) month possible moratorium that would prohibit the issuance of any new permits for operating STVR’s due to pressures on the City in regards to infrastructure, public safety, and parking. As conversations have continued, the Resolution was modified to reduce the period of time that any prohibition would be in place and also to revise minor changes in respect to the terminology. Mr. Hughes stated with the latest revision, the Resolution states there would be a ninety day moratorium on the issuance of new permits for STVR’s with possible exceptions: (1) on a previous currently authorized STVR although the application would have to be made by the new owner in the event of a transfer as the permit is not transferable and (2) exception for transfers of property that is sold to a new owner even if it had not previously been permitted as a STVR with a ninety day pause with the issuance of new permits. Mayor Sessions stated she is a real estate agent, her sister is her business partner and she has a B&B license on Tybee Island. In the past she has had a B&B license on Tybee Island, 2002 – 2019 and she is asking the City Attorney for advice as to if she should recuse herself. According to the City Attorney, she is not in a contract situation with a client at this time and does not see a conflict of interest. Mr. Hughes confirmed as he would like to have full disclosure. Mayor pro tem Brown asked for clarification as to an individual that has a contract pending would be an exception to the moratorium. Mr. Hughes responded it is the will of Mayor and City Council to make the intent what they feel the language should be. Mr. Branigin made reference to the exceptions in the proposed Resolution. He stated the language includes the word “may be issued” and who is the approving authority and is there an approval process. Mr. Hughes responded it is meant to be the same standard and application qualification that is presently in place for anyone that would like to apply for STVR. Mr. Branigin stated with the current exemptions, why is there a rush to pass the Resolution. Ms. DeVetter agreed with Mr. Branigin as the Resolution is too broad as it is not the language as originally discussed. She feels a moratorium is necessary as this is what the residents want, they want their neighborhoods back, community, employee housing, long term rentals, noise reduction and families not investors. This is a quality of life issue. Mr. Hosti asked who sponsored the proposed Resolution. Mr. Parks stated he asked Mr. Hughes to draft the Resolution. Mr. Branigin stated he is against the Resolution and feels the City is not being transparent as the latest version of the Resolution was not made public until six (6) hours prior to the City Council Meeting. Mr. Parks expressed his thoughts regarding the STVR’s. He continued that he is standing up for the residents and is doing his best to be their voice. Mr. Parks stated during the ninety day proposed moratorium the City needs to do a study as to determine the level of STVR’s and he is opposed to the second amendment on the proposed Resolution. Ms. DeVetter thanked the individuals that spoke this evening as they identified the owners of STVR’s as small business owners. In that respect the City does not allow businesses in the residential districts due to the impact to the residents and their neighbors. This is a quality of life issue as neighborhoods are disappearing and Mayor and Council need to take positive steps to address the issue and the moratorium is only the first step. Mayor Sessions stated the City has not enforced zoning and this needs to be done. She is not against STVR’s but they need to be in the appropriate zoning district. Mayor Sessions stated her greatest concern is occupancy and action needs to be taken. We need to find common ground and work together. Monty Parks made a motion to approve as written with the exception of removing the second amendment that was added which allows for the registration of a new sale on a house that was not previously permitted. Nancy DeVetter seconded. Voting in favor were Nancy DeVetter, Monty Parks, and Barry Brown. Voting against were John Branigin and Spec Hosti. Motion passed, 3-2. Jay Burke recused. Second Reading, 2021-17 Tree Removal, Art VII, Land Development Code. George Shaw approached Mayor and Council. Mr. Shaw stated the proposed ordinance is an amendment to strike the penalties for improper tree removal and there was a second requiring staff to be present during the tree removal (that has been removed) and the final version is extending penalties. Monty Parks made a motion to approve. John Branigin seconded. Vote was unanimous to approve, 6-0. Second Reading, 2021-18, Chapter 42-67, Marijuana. Nancy DeVetter stated the proposed ordinance reduces marijuana possession to a civil ordinance. Ms. DeVetter then made a disclosure that she does not practice law on Tybee Island therefore there is no conflict. She asked that a portion be added for record restriction for old misdemeanors with the theory that it is unfair for the City to reduce things not to a crime but still held against them. Ms. DeVetter stated it is easy to expunge records beginning in 2017 due to the electronic computer systems and records from 2000 to 2017 are a little more difficult and for records prior to 2000, they will have to research old Docket Books. This ordinance has been changed to allow the Clerk of the Court and the City Manager to report back in six (6) months regarding a procedure to address records restrictions. Mr. Hughes made reference to Sec 3 of the proposed ordinance that would require the Staff through the Manager to report back within six (6) months is not a section that requires be included in the confirmation of this version of the ordinance. Mr. Parks stated he is in favor or reducing the fine as well as from a misdemeanor to a civil penalty. Nancy DeVetter made a motion to approve. Monty Parks seconded. Voting in favor were Nancy DeVetter, Monty Parks, John Branigin and Spec Hosti. Voting against were Barry Brown and Jay Burke. Motion to approve, 4-2. First Reading, 26-2021, Regulatory Fees for Alcohol Licenses. Jay Burke, Spec Hosti and John Branigin recused. Monty Parks stated as a result of a study group on alcohol there were many recommendations brought to Mayor and Council one being that of increasing police presence on the Island. He continued that the increase should be spread out over a five (5) year period. This fee has not been increased in twenty-seven years and the increase will go toward enforcement. Monty Parks made a motion to approve with the increase implemented over five (5) years. Barry Brown seconded. Vote was unanimous, 3-0. John Branigin, Spec Hosti, and Jay Burke recused. Jay Burke, Spec Hosti and John Branigin rejoined the meeting. First Reading, 2021-23, STVR Occupancy Rate. Dr. Gillen stated the proposed ordinance sets a fee structure in place that has a base rate, $200.00, and per person rate, three (3) tier occupancy structure: 1 – 5 persons ($10.00 per person); 6 – 10 persons ($15.00 per person); and ten or more persons ($20.00 per person). Monty Parks made a motion to approve. Nancy DeVetter 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. Discussion: Dr. Gillen stated this will take effect after January 1, 2022. First Reading, 2021-24, Motorized Carts. Mr. Hughes stated the proposed ordinance makes it unlawful to operate an unregistered gold cart on the Island. The owner will have 48 hours after they arrive to register their golf cart and makes it unlawful to park in an authorized parking place with an unauthorized cart. Mr. Hosti asked if the yearly fee would be waived. Dr. Gillen stated it is a one-time fee but you must have a yearly inspection to include proof of insurance. Spec Hosti made a motion to approve. Jay Burke seconded. Vote was unanimous to approve, 6-0. First Reading, 2021-25, STVR Parking. Mayor pro tem Brown stated the proposed ordinance needs to be a part of the STVRT Resolution discussion. Withdrawn First Reading, 2021-27, Motorized Vehicle Access Back River Boat Ramp. Dr. Gillen stated a citizen made a request the Public Safety Committee review this agenda item. Vehicles were getting stuck in the sand consistently therefore the proposed ordinance is before Mayor and Council. The language makes the exemption of Alley 3 where vehicles are allowed on the beach. Further discussions suggested that the exemption is only in place between Memorial and labor Days. Mayor pro tem Brown stated the ramp at Alley 3 has been in place for a very long time and is opposed to any changes. Mr. Hosti stated Mayor and Council do everything possible to enhance the visitors experience on the Island and do not do anything for the citizens. He recommended repairing the boat ramp. John Branigin made a motion to reject. Monty Parks seconded. Voting in favor were Monty Parks, Monty Parks, John Branigin, Barry Brown, and Jay Burke. Voting against was Nancy DeVetter. Motion to reject, 5-1. Council, Officials and City Attorney Considerations and Comments Nancy DeVetter thanked Kate Burns and her committee for all their hard work and bringing their findings to Mayor and Council. The survey shows there is a 50/50 thought for dogs on the beach and she is in a position to support a small group of people who want to make positive change on Tybee Island for a trial run. Ms. DeVetter continued it is important for our citizens to be able to address problems that are a quality of life issues. Nancy DeVetter made a motion to move forward with a draft ordinance to implement dogs on the beach. Motion died for a lack of a second. Monty Parks stated Mayor and Council refer frequently in the Code to areas being for residential use and if you go to the definition section there is not a definition for residential use. Mr. Parks asked Mr. Hughes to start considering what other communities call Residential Use and bring back to Mayor and Council a one-pager what Residential Use could be. It would then be sent to the Planning Commission. Monty Parks recommended Mr. Hughes review the practicality and legality of creating an Island Wide Rental Overlay Zone. Council would then be tasked to craft rules for rentals such as parking and occupancy and define and allow Mayor and Council to make districts. Prior to beginning this process, he is asking Mr. Hughes if this is legal and bring back to Mayor and Council as part of the discussion of the moratorium. Mayor Sessions expressed her concerns with not enforcing the current zoning districts. Mr. Hughes responded when crafting an ordinance describing zoning districts as to what is allowed and what is not there needs to be explicit language or it is not enforceable. Mr. Parks asked Mr. Hughes to research and see if possible to do a Rental Overlay. Mr. Hughes confirmed. Monty Parks explained he is not in favor of cutting the hotel/motel rate, taking money and spending on infrastructure which is not allowed. The funds that Visit Tybee received is for marketing, marketing Tybee Island and a marketing strategically for Visit Savannah. As Savannah has not recovered from COVID as Tybee island has. Mr. Parks is asking Mr. Hughes to check the legality of Reallocating some of Visit Tybee funds to Visit Savannah. Mr. Hughes stated there are contracts with Visit Savannah and the Chamber of Commerce and he will look into it. Peter Gulbronson/Shawn Gillen Bathroom at the Screened Pavilion, Memorial Park. To come back to City Council meeting on September 9, 2021 Peter Gulbronson/Shawn Gillen Construction of Polk Street south of Highway 80. To come back to City Council meeting on September 9, 2021 Monty Parks made a motion to adjourn to Executive Session to discuss litigation and real estate. Spec Hosti seconded. Vote was unanimous, 6-0. Monty Parks made a motion to return to regular session. Nancy DeVetter seconded. Vote was unanimous, 6-0. Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous to approve, 6-0. Meeting adjourned at 10:45PM. ______________________________ Janet R. LeViner, MMC Clerk