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HomeMy Public PortalAbout20210708Minutes.docx City Council Minutes, July 8, 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 Lisa Schaaf. Mayor Sessions listed the following items on the consent agenda: Minutes, Public Hearing, Second Reading of Millage, June 24, 2021 Minutes, Public Hearing and Adoption of FY2022 Budget and Millage, June 24, 2021 Alcohol License Request: Mi Dida 1315 Butler Ave Unit B: Liquor, Beer and Wine-Sale by Drink for Consumption on Premises Only; Sunday Sales by Drink  Research Service Agreement No. 47266, Georgia Southern University Awarding of ITB 2021-760, Parking Lot Paving Great America Financial Services Corporation, Folder and Inserter Verizon Mayor Sessions called the regular meeting to order. All those present for the consent agenda were present. Mayor Sessions recognized Judge George Oliver by reading a Proclamation. Judge Ron Ginsberg approached Mayor and Council to accept this award. Judge Ginsberg thanked Mayor and Council for the Proclamation. Opening Ceremonies Call to Order Invocation: Rev. Sue Jackson, Trinity Methodist Church Pledge of Allegiance Mayor Sessions recognized the members of the Tybee Island Fire Department that were in attending the City Council Meeting. She thanked them for their dedication and service to the City. Mayor Sessions also recognized the Tybee Island Ocean Rescue for their dedication to the Island. She explained that Mayor and Council are looking to bringing in a temporary Chief/Assistant Chief to the Island while a search for a permanent Chief is complete. Mayor Sessions stated any decision that would be made, would be in tandem with current firefighters. Citizens to be Heard:  Please limit comments to 3 minutes.  Maximum allowable times of 5 minutes. Julie Livingston, approached Mayor and Council and referred to the draft contract that was included in the packet before them. She stated members of the Tybee Island Fire Department (TIFD) know the community and are the heart of the community. Ms. Livingston asked Mayor and Council not to outsource or bring in Chatham County Emergency Services (CCES). Mayor Sessions thanked Ms. Livingston for her comments. Madalyn Pearce approached Mayor and Council to speak in favor of not outsourcing services provided by the TIFD. Mayor Sessions thanked Ms. Pearce for her comments. Ken Williams approached Mayor and Council to speak to the Crossover Benches. Mr. Williams expressed his concerns with the permitting of the crossovers. He also offered options for adding the benches to the crossovers. Mayor Sessions thanked Mr. Williams for his comments. Beau Livingston approached Mayor and Council to asked Mayor and Council not to move forward with outsourcing the TIFD as there is not information for them to make a decision. Mayor Sessions thanked Mr. Livingston. Sam Byers approached Mayor and Council and expressed his concerns with outsourcing the TIFD. Mr. Byer stated his concerns are that CCES will not retain the current staff as well as not able to meet transportation needs. Mayor Sessions thanked Mr. Byers for his comments. Marie Rodrigues approached Mayor and Council to speak to the TIFD. Ms. Rodrigues asked Mayor and Council to take the time to sit down with members of the TIFD prior to moving forward with an agreement with CCES. Mayor Sessions thanked Ms. Rodrigues for her comments. Jennifer Knots approached Mayor and Council. Ms. Knots submitted questions to Mayor and Council regarding the TIFD. Mayor Sessions thanked Ms. Knots for her questions. Sharon Hosti approached Mayor and Council. Ms. Hosti stated she was employed by CCES and has since retired. Ms. Hosti explained the advantages of outsourcing services to CCES in regards to the ISO rating. Mayor Sessions thanked Ms. Hosti for her comments. Abby Burke approached Mayor and Council to ask they look at all resumes that were submitted to Human Resources for a permanent fire chief, as there are qualified individuals on the Island. Mayor Sessions thanked Ms. Burke for her comments. Julia Pearce approached Mayor and Council stating the Beach Crossover Benches are important to the community as it is not only an important place for residents but also for tourists. Ms. Pearce asked Mayor and Council to reach out to the Department of Natural Resources to get permits to have the benches built. Mayor Sessions thanked Mr. Pearce for her comments. Patricia Libey approached Mayor and Council to speak in favor of the Beach Crossover Benches. Ms. Libey asked Mayor and Council to do what they can do to restore the benches on the crossovers. Roger Huff approached Mayor and Council to speak to the proposed ordinance 2021-22, Beaches and Waterways. Mr. Huff continued to speak to the STVR Renewal Fees and the benches on the crossovers. Mayor Sessions thanked Mr. Huff for his comments. Monty Parks made a motion to approve the consent agenda.Spec Hosti seconded. Vote was unanimous to approve, 6-0. Public Hearings Site Plan Approval: Add walk in cooler & renovate deck-106 S. Campbell Ave.–40003 04006–Zone C-2-Ricardo A. Ochoa. George Shaw approached Mayor and Council stating the petitioner, owner of the Sea Wolf, would like to add a walk-in cooler which is not taking up any space such as parking, renovate the deck and add a proper enclosure for the dumpster. Planning Commission and Staff unanimously recommended approval. Ricardo Ochoa approached Mayor and Council. Mr. Ochoa stated they will not be taking any current parking spaces as the Postmaster, Tybee Island Post Office, allows patrons to park in the parking lot after 4:00PM. Nancy DeVetter made a motion to approve. Spec Hosti seconded. Vote was unanimous to approve, 6-0. Variance: build second set of stairs in setback after addition and reduce greenspace – 1209 Butler Ave.–40007 07008–Zone R-2–Jeff Cramer. George Shaw approached Mayor and Council. Mr. Shaw stated this is a single family home on Butler Avenue and above the flood plain. The petitioner would like to add a second floor to the building which would require a second stairway. The first would be within the footprint and the second would go into the setback. Staff feels the second stairway could go inside of the footprint of the existing house. Staff and Planning Commission both recommended denial. Mayor Sessions asked Mr. Shaw if there is a hardship. Mr. Shaw stated there is no hardship. Jeff Cramer approached Mayor and Council. Mayor pro tem Brown asked Mr. Cramer if the intent is to have a duplex in a R-2 zone as there is a kitchen on both floors. Mr. Cramer stated no. Mayor pro tem Brown explained he has issues with the request as it could be considered a duplex. Mr. Parks expressed his concerns with the term “elevated” house. Mr. Branigin stated he is not in favor of this request. Ron Ginsburg approached Mayor and Council. Mr. Ginsburg stated this is a family situation and is asking Mayor and Council to be fair as it is not a determent to the community. He continued it is also a safety issue and would ask Mayor and Council to approve. Mayor Sessions asked Mr. Shaw to read the definition of a variance. Mike Wilson approached Mayor and Council. Mr. Wilson asked Mayor and Council to approve their request. He stated the intent of the small kitchen area is not to cook but to have a convenient place to make coffee not to cook a full meal. He continued to bottom floor is not meant to be a living area. Mr. Parks expressed his concerns with the request. Spec Hosti made a motion to approve. Jay Burke seconded. Voting in favor were Spec Hosti, Jay Burke and Barry Brown. Those voting against were John Branigin, Nancy DeVetter, and Monty Parks. Shirley Sessions voting to deny. Motion to approve failed, 3-4. Monty Parks made a motion to deny. Nancy DeVetter seconded. Those voting in favor to deny were John Branigin, Nancy DeVetter and Monty Parks. Those voting against were Spec Hosti, Jay Burke and Barry Brown. Mayor Sessions voting in favor to deny. Motion to deny, 4-3. Consideration of Ordinances, Resolution First Reading, 2021-22, Chapter 12, Beaches and Waterways. Tracy O’ Connell approached Mayor and Council. Ms. O’Connell stated in reviewing Georgia State Law, it was determined the City is not in compliance with our current ordinance. The proposed ordinance will make the City compliant with State Law. She reminded everyone the Pier belongs to Chatham County and it will be their decision, not the City’s, as to fishing off the Pier. Monty Parks made a motion to approve. John Branigin seconded. Vote was unanimous to approve, 6-0. First Reading, 2021-18, Chapter 42-67, Marijuana. Nancy DeVetter addressed the proposed ordinance as this change was requested by the Tybee Island Police Department. The proposed ordinance would reduce marijuana offenses that are misdemeanor amounts. The amount would be set at one (1) ounce and language has been added addressing with the punishment of marijuana going forward and also diminish the impact of previous arrests. Mr. Branigin asked Dr. Gillen the difference between small amount and simple possession. Dr. Gillen did not know but would defer to the attorney. Ms. DeVetter stated it would be the discretion of the arresting officer whether it be a misdemeanor or ticket such as a civil offense. Mr. Hughes stated his understanding is the Municipal Court of Tybee Island routinely, if possession was the only charge, will be treated as disorderly conduct and a possible fine. It is against the law in Georgia to possess any marijuana. He is in agreement with the proposed ordinance. Mr. Branigin stated his concerns are with the expungement of the crime. Mr. Parks expressed expungement of past infractions. Ms. DeVetter responded to Mr. Parks in that before January 2021 you would have to retroactively dismiss charges which would be a benefit. Mr. Burke stated he is not in favor of the proposed ordinance. Monty Parks made a motion to approve on first reading. Nancy DeVetter seconded. Discussion: Mr. Branigin stated prior to second reading he would like more data on the amount of cases so there can be a gauge as to the workload on the Tybee Island Clerk of Court. Ms. DeVetter stated she would like to move forward with first reading and then request of the Clerk of Court as to the suggestion of the time frame they find reasonable and suggestion of how far to go back (number of years and old records). Voting in favor were Spec Hosti, Nancy DeVetter, John Branigin and Monty Parks. Voting against were Jay Burke and Barry Brown. Motion to approve, 4-2. Second Reading, 2021-21, Animals, Chapter 10. Mr. Hughes stated the concerns that have been addressed is the restriction regarding voice commands when the dog is on the owner’s property. Mayor Sessions stated it is important the owners are in control of their pets, i.e., being leashed. Mr. Branigin stated people need to use common sense in this matter. Tracy O’Connell stated the proposed ordinance is very similar to other counties. The proposed ordinance is designed so that when you are on your property you must have voice command and if not on your property the dog must be leashed. John Branigin made a motion to approve. Nancy DeVetter seconded. Vote was unanimous to approve, 6-0. Council, Officials and City Attorney Considerations and Comments Proposed Agreement with Chatham Emergency Management Services, formerly known as Southside Fire, to operate or manage the TIFD and possibly the Beach Safety Program. Monty Parks made a motion to come back to August 12, 2021 meeting. Nancy DeVetter seconded. Vote was unanimous to approve to bring back to August 12, 2021 City Council Meeting, 6-0. DNR Permit for Beach Crossover Benches. Barry Brown made a motion to proceed with as many as we can do in the next five (5) years and to bring back to the September 9, 2021 City Council Meeting. Monty Parks seconded. Vote was unanimous to approve to bring back to September 9, 2021 City Council Meeting. Monty Parks seconded. Vote was unanimous, 6-0. STVR Renewal Fees. Nancy DeVetter made a motion to move forward with the occupancy recommendation. John Branigin seconded. Voting in favor were Spec Hosti, Nancy DeVetter, John Branigin and Monty Parks. Voting against were Barry Brown and Jay Burke. Motion to approve passed, 4-2. Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous to approve, 6-0. Meeting adjourned at 10:10PM. ______________________________ Janet R. LeViner, MMC Clerk