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HomeMy Public PortalAbout20210128Minutes.docx City Council Minutes, January 28, 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, 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. John Branigin was not in attendance per prior notice. 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, Clerk of Council Pledge of Allegiance Mayor Sessions listed the following on the Consent Agenda: Minutes, City Council Meeting, January 11, 2021 Recognitions Demery Bishop, Chair, Planning Commission approached Mayor and Council to recognize Alan Robertson and Charles “Bud” Matlock for their serving on the Planning Commission for the past four years. Mr. Bishop presented both gentlemen with a Certificate of Appreciation from the City. Mr. Robertson thanked Mayor and Council for the opportunity to serve on the Commission as did Mr. Matlock. Mayor Sessions thanked both gentlemen for their service. Michael Pappas, Chair, Ethics Commission approached Mayor and Council to recognize Frances Kaye Strickland for her tenure on the Ethics Commission. Ms. Strickland was not in attendance. Mayor Sessions asked Mr. Pappas to pass along Mayor and Council appreciation for her service as well as ensure Ms. Strickland received her Certificate of Appreciation. Mr. Pappas confirmed. Reports of Staff, Boards, Standing Committees and/or Invited Guest.  Limit reports to 10 minutes. Cathy Sakas, President, Marine Science Center Foundation, approached Mayor and Council to give an update on the exhibits and fund raising. Ms. Sakas stated the original goal of the Foundation was $1.5M for exhibits only. To date the Board has raised $806,000 in sponsorships and donations and this is 58% of their goal. Ms. Sakas gave a brief presentation of the projected exhibits and their location in the facility (attached). Maria Procopio, Marine Science Center, approached Mayor and Council to give an Update on the Marine Science. Ms. Procopio gave a brief presentation, attached, on the progress of the Center. She stated the Marine Science Center will move out of the Strand facility within days and into the new facility. Ms. Procopio outlined the Three-Phased Opening as Thursday, February 18, 2021 the Discovery Shop will open to the public and visitors will be able to enjoy both the Amphitheater and Ship Watch Loft. On March 25, 2021 the East Gallery will open and May 1, 2021 the West Gallery and Open Air Gallery will open. Mayor Sessions thanked both Ms. Sakas and Ms. Procopio for their hard work associated with the Marine Science Center. Citizens to be Heard. Shirley Wright approached Mayor and Council to express her concerns with recent verbal attacks as to Forever Tybee. Ms. Wright read from a prepared statement, Tybee Voices, (attached). Mayor Sessions thanked Ms. Wright for taking the time to remind everyone how important civility is in a community. Pat Leiby approached Mayor and Council to speak to the Proposed Alcohol Restrictions. Ms. Leiby thanked the Alcohol Working Group for all the time that was spent is crafting the recommendations before Mayor and Council tonight. She does not feel the recommendations address the thoughts of Staff as she feels the problem is the over consumption of alcohol which leads to bad behavior. Ms. Leiby stated the best way to approach the situation of over consumption of alcohol is to not allow alcohol on the beach at Tybee. Mayor Sessions thanked Ms. Leiby for the comments. Gerald Schantz approached Mayor and Council to speak to the Proposed Alcohol Restrictions. Mr. Schantz, owner of Gerald’s Pig and Shrimp Restaurant stated he sells beer and has a rule at the restaurant, only two (2) beers per person as he is a restaurant and not a bar. He would like to know if there is going to be a distinction between establishments that sell beer, wine and liquor and those that sell just beer and wine. Mayor Sessions that Mr. Schantz for his comments. Cody Gay approached Mayor and Council to speak to the proposed ordinance regarding Short Term Vacation Rentals. Mr. Gay stated he would like to speak to two items: (1) Sign Ordinance as it relates to an 8.5x11 sizing. This would not be possible with some of his properties as the front door is the elevator and (2) Registration and Tax Process. Currently there is no resolve on how this is to be processed. Mayor Sessions thanked Mr. Gay for his comments. Spec Hosti made a motion to approve the consent agenda.Monty Parks seconded. Vote was unanimous to approve, 5-0. Public Hearings Private Parking Lots: Discussion of commercial and private parking lots. George Shaw approached Mayor and Council. Mr. Shaw stated this is a renewal of the private parking lots in residential zones. There are six parking lots for consideration and with this the applications are in the packet. There are no changes to the applications from the previous year. Last year there was only one citation issued by Code Enforcement and this year there was a second citation (Rosenberg) on the same property as well warnings on the Prescott and Sunrise lots. Ms. DeVetter asked Mr. Shaw to explain the citations that were issued. He stated one was too many cars parked and the other was signage in the road. Mr. Parks confirmed with Mr. Shaw, with Code Enforcement currently patrolling will this keep the owners of the parking lots to a higher standard. Mr. Shaw confirmed. Mr. Hughes stated the Rosenberg parking lot is currently on probation for a previous citation. Ms. DeVetter asked Mr. Hughes what are the ramifications of the probation. Mr. Hughes responded this would be up to Mayor and Council if there are restrictions or non-renewal of the license. Spec Hosti made a motion to approve both commercial and residential parking lots. Monty Parks seconded. Voting in favor were Jay Burke, Monty Parks and Spec Hosti. Voting in opposition were Nancy DeVetter and Barry Brown. Motion passed, 3-2. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License Tybee Sprint Triathlon. Deferred until a later time. Consideration of Bids, Contracts, Agreements and Expenditures Approval of Non-Profit Organizations Tybee Island Maritime Academy $20,000 Tybee Beautification $2,000 to include waivers Tybee Arts Association $2,000 to include waivers Yeepies $575 Tybee MLK $600 Tybee Clean Beach Volunteers $2,000 American Legion Waived fees for alcohol licenses. Garden Club Waive fees for Guard House to conduct meetings Farmers Market for waiver of fees for business license Discussion: Mr. Hughes stated the nonprofits and groups that seek waivers of fees or similar concessions from the City or that receive funds after making application are supposed to enter contracts with the City that provide for the community benefit thought to be derived from the actions of the nonprofit or group.  This is because the City is not authorized to simply make gifts and has to receive benefits in exchange for what the City provides. The issue of whether the City receives adequate value is really up the City and within council’s judgment. Mayor Sessions stated at the Workshop it was recommended Dr. Gillen write letters to specific non-profits asking for additional information and/or re-vamping their request. Dr. Gillen confirmed and stated Staff has reached out. Spec Hosti made a motion to approve to include the waiving of all fees to include Building Permit Fees; Liquor License Fees; Business License Fees; Special Event Fees; and Rental of City Facility Fees. Monty Parks seconded. Discussion: Monty Parks asked Dr. Gillen what constitutes a non-profit? Dr. Gillen responded they will need to show proof of non-profit status through the IRS or there might be an organization that is small organization and be a charity organization. Mr. Parks stated a definition could be “if the group is providing a service”. Dr. Gillen confirmed. Vote was unanimous to approve. Consideration of Ordinances, Resolutions First Reading:  2021-02, Septic to Sewer. George Shaw stated the proposed ordinance is to waive all fees for any home/business that are currently on septic systems that would like to switch to the City’s sewer system. He further explained this is just for the fees and not for fees for the cutting of roads. Barry Brown made a motion to approve. Monty Parks seconded. Vote was unanimous to approve, 5-0. First Reading, 2021-03, Section 3-190 (H), Water Restriction (Discussion, possible amendment). Withdrawn Second Reading:  2021-01, Article VIII, Short Term Rental Properties. George Shaw approached Mayor and Council stating this is second reading of the proposed ordinance as it alters the language of signage but does not amend the fees in any way and there are no changes since the first reading. Ms. DeVetter asked Cody Gay to work with staff regarding the sign for his rentals. Mr. Shaw stated Mr. Gay can do a list of the properties/units by the elevator door without placing signage on doors. Dr. Gillen stated he has addressed the registration with Mr. Gay as well as setting up future meetings with the business owners. Mr. Parks stated there is confusion over the one (1) hour notification for a response to a call. The City is requiring a one (1) hour response time to a call but that does not mean the City is requiring the individual owner(s) to step in and straighten out a situation within an hour. He asked owners to please respond in an hour to the incident. Mr. Hosti asked Dr. Gillen if the Host Compliance software is working. Dr. Gillen responded the registration is working although there are technology issues with the taxation aspect of the software. Mayor Sessions asked Dr. Gillen if will continue to work with the business owners until all the glitches are worked out. Dr. Gillen confirmed.Spec Hosti made a motion to approve with changes as recommended by Mr. Hughes. Monty Parks seconded. Discussion: Mr. Hughes stated there is a correction to the proposed ordinance in Sec 34-262, Regulatory Fees, the words “register or registration” appear in sub-sections c, d, and e, and needs to change to “apply and/or identity” to be in-line with the language in the ordinance that refers to the identification of the unit. One other comment in the first section would be in reference to Bed & Breakfast (B&B). The language concerns him as the STVR operationally includes B&B’s as they collect and pay taxes just as the STVR’s. He has language to change which would alleviate the concerns and states it excludes B&B’s accommodations as they are currently defined by the City of Tybee Island’s LDC however B&B’s are required to have Occupational Licenses and pay applicable taxes and fees as required by law or ordinance. He asked that Mayor and Council include those changes. Spec Hosti accepted Mr. Hughes recommendations and included in his motion. Monty Parks seconded with the revisions. Vote was unanimous to approve, 5-0. Council, Officials and City Attorney Considerations and Comments Shawn Gillen approached Mayor and Council to speak to the Tybee Island Alcohol Ordinance Workgroup Final Recommendations. Dr. Gillen stated the Workgroup met six (6) times beginning the week before Thanksgiving. The final recommendations are in the packet before them this evening. This was a well-balanced group and were able to compromise and find common group. Dr. Gillen listed the major recommendation: Develop a long-range plan to address the oversaturation of Tybee Island, inclusive but not limited to, related issues involving overconsumption of alcohol, parking, litter, and vehicles congestion traffic. This plan should be articulated and resolved by Tybee Island City Council on or before February 2022. The other ten (10) recommendations are as follows: Fill vacant police position Make Public Safety Employee pay more competitive Create a more visible presence in the south-end business district while maintaining adequate coverage for the rest of the City Better training for Servers Liability Insurance Safety Check Points Use of Cameras Public information Increase enforcement of current rules and laws related to behavior Conduct a recurring call load study to determine the appropriate number of officers per shift Mayor Sessions thanked the Committee for their hard work on this difficult topic. She also thanked Dr. Gillen for the way he facilitated the meetings. Mayor pro tem Brown stated he does not feel the problem Chief Bryson is concerned with is being addressed and that is the violence involved with intoxication. He asked if there were recommendations for “bouncers” or “door-man” at the businesses that serve alcohol. Dr. Gillen stated there were brief discussions regarding private security. Mayor pro tem Brown expressed his concerns with the cost of the recommendations as this falls back on Mayor and Council and the residents. Dr. Gillen responded the Committee only had sixty days to formulate recommendations and wanted to pass those along to Mayor and Council so they can use these recommendations to formulate longer term recommendations. Mr. Burke stated he agrees with Mayor pro tem Brown’s concerns regarding the need for private security. He also recommended pulling the businesses license for non-compliance. Mayor Sessions asked Dr. Gillen if Chief Bryson and his staff have had an opportunity to review the recommendations from the Committee. Dr. Gillen stated the Tybee Island Police Department were part of the conversations and present at all meetings as well the Staff from the Tybee Island Fire Department. Mayor Sessions made reference to public presence by the police officers. Dr. Gillen responded there will be an increase in foot patrol, bike patrol as well as a sub-station in the old Marine Science Center building. Mr. Parks expressed his concerns with more police presence on the south-end which could possibly invite more confrontations that we are trying to solve. Ms. DeVetter stated there are great recommendations and has concerns with the cost to the City. She is in agreement with minor changes and asked Dr. Gillen for a cost for implementation of the other recommendations. Dr. Gillen stated the expensive cost would be if it is the wish of Mayor and Council to move the salaries of the Police Department above the 65th percentile for salaries. This again is up to Mayor and Council on what the salaries should be. He stated there is no estimate until Mayor and Council decide on salary ranges. Ms. DeVetter recommended a workshop. Dr. Gillen concurred. Mr. Burke recommended Dr. Gillen reach out to neighboring communities for their salary ranges. Dr. Gillen stated this was done during the Class and Comp Study two years ago. At that time, it was decided increases would go to the Public Safety Staff in January 2021 and remaining Staff in January 2022. Mayor pro tem Brown expressed his concerns with the police presence in the south-end as it may create issues. He also asked what the vision for the plan is. Dr. Gillen responded he will work with Chief Bryson to create a workshop to come up with a workable plan for police presence in the south-end. Mayor Sessions stated in looking at the list of recommendations there are additional items under each one. The ten bullet items, with the exception of two, fall back on the City and he TIPD. Two falling on the businesses: (1) liability insurance and (2) better training for servers. She continued, Mayor and Council will review and schedule a workshop. She asked Council members send recommendations to Dr. Gillen to be included in the workshop. Dr. Gillen is to reach out to the Committee to make them aware of the workshop. Workshop to be held. Shawn Gillen approached Mayor and Council to discuss the Action Item List. Dr. Gillen gave a brief update on the items. The Clerk will update the List and include in the upcoming packet. Monty Parks made a motion to adjourn to Executive Session to discussion Litigation and Real Estate. Barry Brown seconded. Vote was unanimous to approve, 5-0. Monty Parks made a motion to adjourn to Regular Session. Spec Hosti seconded. Vote was unanimous to approve, 5-0. Monty Parks made a motion to adjourn. Barry Brown seconded. Vote was unanimous to approve, 5-0. Meeting adjourned at 9:35PM. ______________________________ Janet R. LeViner, MMC Clerk