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HomeMy Public PortalAbout20221208Minutes.docxCity Council Minutes, December 8, 2022 Mayor Sessions called the meeting to order at 6:30PM, October 27, 2022. Those in attendance were Brian West, Monty Parks, Nancy DeVetter, Barry Brown, Jay Burke and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Tracy O’Connell, City Attorney; Jake Saas, Ellis Painter; Jen Amerell, Finance Director; George Shaw, Planning and Zoning; Chief Jeremy Kendrick; Chief Tiffany Hayes; Peter Gulbronson, DPW; and Jan LeViner, Clerk of Council. Opening Ceremonies      Call to Order Invocation: Jan LeViner, Clerk Pledge of Allegiance Mayor Sessions added the following on the Consent Agenda · Minutes:  City Council Meeting, October 27, 2022 · GaDOT Presentation, Workshop, November 14, 2022  · Minutes:  Special Meeting, November 14, 2022 · Savannah Chamber, Presentation: Workshop, November 21, 2022. · Minutes: Special City Council Meeting:  November 21, 2022 · Alan Robertson GA Department of Natural Resources Grant:  · Resolution to accept grant.  · University of Georgia Back River Project Agreement:  Approve funding subject to conditions are being met.  · DNR Shore Protection Act Permit Application for Structures on the Beach:  Approval to proceed · HMGP Grant Administration Contract Extension · Jennifer Ozer, Public Defender · Arnett Muldrow Contract Agreement · FY 2022 Review and Final Budget Amendment · MRS Building Roof Payment. Recognitions and Proclamations Shawn Gillen approached Mayor and Council. Dr. Gillen stated it is his pleasure to present to you Major Tiffany Hayes as his appointment to Chief, Tybee Island Police Department. He is asking Mayor and Council to ratify this appointment. Mayor Sessions announced there will be a reception on January 13, 2023, 10:00AM, at the Tybee Post Theater and everyone is invited to participate. Spec Hosti made a motion to approve the appointment of Major Hayes to Chief, Tybee Island Police Department. Barry Brown seconded. Vote was unanimous to approve, 6-0. Major Tiffany Hayes introduced Lt. Randolph and asked him to give a brief history of the Starlight Program. Major Hayes then introduced Diane Ring and Ann Miller and asked them to come forward and accept a plaque in recognition of their dedication to the Program. Reports of Staff, Boards, Standing Committees and/or Invited Guest.  Limit reports to 10 minutes. Clark Alexander, Director, Skidaway Institute of Oceanography approached Mayor and Council to give an update on the Dune Monitoring Project. Dr. Alexander stated the main objectives of this project is to measure coastal changes and detail predictions of future changes. He continued the shoreline would reach the built dunes in about 2.5 years in areas of greatest erosion and retreat; that a single event can remove about a normal year’s erosion and ongoing; and quarterly monitoring should be continued as longer records provide better estimates of change rates and predictions. Mayor Sessions thanked Dr. Alexander for his dedication to Tybee Island. (His presentation is included in the packet, December 8, 2022). Angela Westerfield, Vice President of Marketing and Communication, Savannah Chamber of Commerce, approached Mayor and Council. Ms. Westerfield gave an updated on the recent City Council Workshop that was held on November 21, 2022. The Visit Tybee Team is focusing on an open discussion as they are committed to develop marketing strategies that target the proper markets for Tybee Island. Mayor Sessions thanked Ms. Westerfield for her dedication to Tybee Island. [bookmark: _GoBack]Kevin Smith, PE, Thomas & Hutton approached Mayor and Council to give an update on the Storm-water Management Plan Delivery. Mr. Smith explained this was started in 2020 and was FEMA grant funded. Mr. Smith continued the project scope was to collect existing date; public outreach; GPS Field Survey; Hydrologic and Hydraulic Modeling and Storm-water Master Plan. Their effort was focused on moving rainwater to the marshes to protect the Island. Mayor pro tem Brown asked if this could be done with underground storage. Mr. Smith confirmed, as there is less resistance for the water to get out. Mayor Sessions then asked Dr. Gillen the status of the Master Plan. Dr. Gillen stated this is the first draft of the Storm-water Management Plan and the first project has been funded. Alan Robertson approached. Mr. Robertson stated the 14th Street area, 14th to 15th Streets, is the only open area that Tybee Island has where water would be retained by using retention tanks. They would be installed under the parking lot and would be shallow but massive. This is a priority for the south-end. He continued, the next update is the extension of the UGA Grant for the Back River Project. This project is almost completed and a report will be forthcoming. Mr. Robertson stated they would not be applying for a second grant as they feel they need additional information prior to moving forward as well as public input. He continued the entire Storm-water Plan from Thomas and Hutton would be posted to the website. Mayor Sessions thanked Mr. Robertson. Citizens to be Heard:  Pat Leiby approached Mayor and Council to outline MLK's Human Rights Organization upcoming December and January Programs. Mayor Sessions thanked Ms. Leiby for her dedication to the MLK Committee. Virginia Ward:  Outgoing President, Tybee Post Theater. Was not able to attend but will attend a future meeting. Elizabeth Reed approached Mayor and Council to discuss Sea Birds as well as Dogs on the Beach. Ms. Reed stated she is opposed to the proposal for Wagging Wednesdays. Mayor Sessions thanked Ms. Reed for her comments. Mariah Hay:  1113 Laurel Avenue WITHDREW HER REQUEST  Jenny Rutherford approached Mayor and Council to speak to the Easement at 21 Pulaski Street. Ms. Rutherford is asking the City to repair the sidewalks and clean the area at Pulaski Street. She also shared her concerns with the signage for beach access in that area. Ms. Rutherford stated she is in favor of Dr. West’s proposal for dogs on the beach. Mayor Sessions recommended this be brought to a City Council workshop for discussion. She thanked Ms. Rutherford for her comments and concerns. If there is anyone wishing to speak to anything on the agenda, please come forward.  Please limit your comments to 3 - 5 minutes. Conner Stille approached Mayor and Council. Mr. Stille read a prepared statement opposing Dogs on the Beach. (Attached) Allie Hayser approached Mayor and Council to speak against Dogs on the Beach. Mayor Sessions thanked Ms. Hayser for her comments. (Attached) Kate Burns approached Mayor and Council to speak in favor of Dogs on the Beach. Mayor Sessions thanked Ms. Burns for her comments. Mark Nathan approached Mayor and Council to speak against allowing Dogs on the Beach. Mayor Sessions thanked Mr. Nathan for his comments. Harvey Farrell approached Mayor and Council to speak in favor of Dogs on the Beach. Mayor Sessions thanked Mr. Farrell for his comments. Pat Leiby approached Mayor and Council to recommend doing a short trial to see if Dogs on the Beach works. Mayor Sessions thanked Ms. Leiby for her comments. Dan Synder approached Mayor and Council to speak against building a dune crossover at 21 Pulaski Street due to public safety concerns. Mayor Sessions thanked Mr. Synder for his comments. Sam Shay approached Mayor and Council to speak in favor of Dogs on the Beach. Mayor Sessions thanked Mr. Shav for his comments. Phil Koster, Chatham Emergency Services, approached Mayor and Council to speak to concerns on the Island regarding EMS Services. He is available to work with Chief Kendrick for a better understanding of Tybee Island’s needs. Mayor Sessions thanked Mr. Koster for his willingness to work with the City. Dee Matkowski approached Mayor and Council to speak against Dogs on the Beach. Mayor Sessions thanked Ms. Matkowski for her concerns and comments. Barbara Hayser approached Mayor and Council and stated dogs are the second most disturbance on the beach. Ms. Hayser is against Dogs on the Beach. Mayor Sessions thanked Ms. Hayser for her comments. Spec Hosti made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous to approve, 6-0. Public Hearings Site Plan Approval with Variance: requesting to remove off street parking -1311 Butler Ave. -40007 16002 – Zone C-2 – Jim Sheffield. George Shaw approached Mayor and Council. Mr. Shaw stated the applicant is proposing to renovate the building, remove the small parking lot in front of the building and make into a seating area. During the pandemic restaurants were allowed have outdoor seating. The applicant would like to have permanent seating in the once small parking lot. Mr. Shaw stated the small parking was a very dangerous parking lot due to the proximity to the street and no turn around area. Staff (unanimous) and Planning Commission (5-1) recommended approval. Mr. Parks asked if Mayor and Council would be provided a Site Plan. Mr. Shaw stated the Site Plan with Variance is included in the packet before them. Robert Portman, Architect for the Petitioner approached Mayor and Council. Mr. Portman confirmed the establishment is within 1,000 feet of the 14th Street Parking Lot. A portion of this request is to improve the handicap ramp on the side of the building and to make more accessible. Mr. Portman stated with the approval of this variance, the petitioner would be giving three (3) metered parking spaces back to the City. They are requesting three (3) things; (1) a new deck, which will go over the top of the existing parking lot; (2) a new handicap ramp and (3) improve the rear of the building. Roger Huff approached Mayor and Council to speak in favor of this request. Spec Hosti made a motion to approve. Monty Parks seconded. Those voting in favor were Brian West, Monty Parks, Nancy DeVetter, Jay Burke and Spec Hosti. Barry Brown voting against. Vote was 5-1 to approve. Text Amendment: Land Development Code - Section 4-051. Short-Term Rentals – City of Tybee. Jay Burke recused. George Shaw approached Mayor and Council. Mr. Shaw stated recently Mayor and Council approved several STR ordinances, which are in the licensing section of the Code, Article 34. As they specifically reference zoning districts, the Attorney is recommending they be put in the Land Development Code. Staff and Planning Commission both recommended approval unanimously. Monty Parks made a motion to approve. Nancy DeVetter seconded. Those voting in favor were Brian West, Nancy DeVetter, Monty Parks, and Barry Brown. Spec Hosti voted against. Jay Burke recused. Vote was 4-1 to approve. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License. Spec Hosti recused. Mr. Hughes recommended Mayor and Council vote on each separately, i.e., Alcohol and Entertainment renewals. He continued the applications have been included in the packet before them this evening. If there are questions or concerns regarding an individual request that application can be removed and addressed separately. If there are none, then all can be approved at one time. Mr. Parks asked if there have been any alcohol related violations for any applicant. Dr. Gillen stated he is not aware of any violations that would affect their license. Mr. Hughes stated he did review the applications and did not see any violations. Agenda Request for 2023 Alcohol License Renewals. Monty Parks made a motion to approve the licenses as listed in the packet before them. Brian West seconded. Vote was unanimous to approve, 5-0. Agenda Request: 2023 Entertainment License Renewals. Mayor pro tem Brown asked Dr. Gillen the outcome of his meeting with the establishments in the C-2 areas where entertainment is outside after midnight. Dr. Gillen responded he spoke with Eric Thomas, Huc-a-poos, and they have added soundproofing to reduce noise. Dr. Gillen continued, it is his intent to schedule a workshop with the business owners and will bring information back to Mayor and Council. Mayor Sessions asked Dr. Gillen if he has spoken to the businesses with entertainment after midnight. Mr. Hughes stated Mayor and Council could direct Dr. Gillen to communicate with the businesses. He continued, Mayor and Council have the authority per the ordinance to set restrictions on the businesses. Eric Thomas approached Mayor and Council. Mr. Thomas stated he and Dr. Gillen have had open conversations regarding the noise from Huc-a-poos and he feels they are moving forward in a positive manner. Mayor Sessions agrees with a workshop moving forward. Mr. Parks recommended moving forward with a vote and feels it is fair to address individual businesses at a workshop. Brian West made a motion to approve the Entertainment Licenses as listed in the packet. Monty Parks seconded. Vote was unanimous to approve, 5-0. Agenda Request: Zunzi's Operations LLC dba Zunzibar Alcohol License Request: Liquor/Beer/Wine/Sunday Sales-consumption on premises only. Monty Parks made a motion to approve. Barry Brown seconded. Vote was unanimous to approve, 5-0. Spec Hosti returned. Consideration of Bids, Contracts, Agreements and Expenditures Motorola Solutions, Inc. Communications System Lease-Purchase Agreement, $1,485,907.  Mayor Sessions stated this is for the 911 System, which is in need of being upgraded. Dr. Gillen confirmed funding would be in the FY24 budget. The continued, this was built into the CIP for next budget cycle and Council has directed him to accelerate the process and what is before them tonight is the successful bidder. It is a five (5) year lease and will be built into the FY24 budget. Spec Hosti asked if this is a sole source contract. Assistant Chief Hayes approached Mayor and Council. Major Hayes confirmed this is a sole source contract as the company offers the radios, 911 software and all equipment needed. Mr. Parks stated the main reason he is supporting this purchase is to keep Tybee Island independent from Chatham County with the 911 service. Monty Parks made a motion to accept as presented subject to Attorney review. Brian West seconded. Vote was unanimous to approve, 6-0. Consideration of Ordinances, Resolutions Second Reading:  2022-14, Sec 2-263. Beach Task Force - Disband and Repeal. Mayor Sessions gave a brief history of the Beach Task Force to include their accomplishments. Monty Parks made a motion to approve. Nancy DeVetter seconded. Voting in favor were Brian West, Monty Parks, Nancy DeVetter, and Spec Hosti. Voting against were Barry Brown and Jay Burke. Motion to approve, 4-2. Council, Officials and City Attorney Considerations and Comments Bubba Hughes · Resolution 2022-09.  Adoption-Enforcement of Minimum Fire Safety Standards. Jake Saas approached Mayor and Council. Mr. Saas stated what is before them is a Resolution for them to determine if they would like to have a local enforcement of the Minimum Fire Standards set by the State. With approval, there will be ordinances and administrative duties. Mr. Parks recommended sending the Resolution to the Public Safety Committee for their discussion and review, as he would like additional details regarding proposed ordinances. Mayor pro tem Brown expressed his concerns with the local businesses and citations as many are older businesses. Chief Kendrick approached Mayor and Council. Chief Kendrick stated when there is a new business on Tybee Island, Chatham Council comes one (1) time to inspect. Once the inspection is complete, a permit is issued and no further inspections take place. It is his recommendation, Tybee Island do annual inspections to ensure the establishments are maintaining the minimum Standard of Safety for their business. He confirmed, they are not trying to hurt the businesses, just to ensure they are meeting the minimum safety requirements. Mr. Parks stated he did an Open Records Request regarding inspections. The only inspections that were done are on new businesses. Dr. Gillen stated if he understands the Resolution correctly, it only means Mayor and Council are sending this to the Public Safety Committee for their review and recommendations. Mr. Parks has concerns if the Resolution is signed that the City would be held liable if a fire occurs. Mr. Saas stated the Resolution keeps everything as it is currently with no liability to the City and puts the City on the path moving forward. Mr. Hughes stated the adoption of Title 25 to be enforced as directed by the City Manager as he has the responsibility for the inspections and what the requirements are. There was a brief discussion regarding additional funding for staffing. Chief Kendrick stated as there is no Staff currently in place and he will to do inspections. Barry Brown made a motion to move forward. Nancy DeVetter seconded. Vote was unanimous to approve, 6-0. · Confirmation/Clarification, 2022-04/2022-11 regarding dates. Mr. Hughes explained this is a zoning ordinance where there was confusion regarding the number of the ordinance. He continued, there was an error in dating the ordinance, October 10, 2022, instead of October 13, 2022 as that is when the meeting was held where there was a second reading of the ordinance. Also, the effective date for Sec 3 and 4 were not documented in the ordinance, therefore the document before them has the correct date of October 13, 2022 as well as the effective date of May 1, 2023 for Sec 3 and 4. He is asking Mayor and Council to confirm this is the correct document. Monty Parks stated he endorses the reading and interpretation as presented by Mr. Hughes and made a motion to accept the changes as presented. Nancy DeVetter seconded. Voting in favor were Brian West, Monty Parks, Nancy DeVetter, Barry Brown and Jay Burke. Voting against was Spec Hosti. Vote was 5-1 to approve. · Ambulance Agreement with Chatham County. Mayor pro tem Brown shared his concerns regarding the response times from Chatham EMS as it is currently not acceptable. Mayor Sessions stated Dr. Gillen has a meeting scheduled with the County Manager to discuss this as well as other issues. Dr. Gillen stated this topic was discussed at the Public Safety Committee where four options were discussed as presented by Chief Kendrick (as outlined in the packet). He discussed each option and recommended Option 2 moving forward. Mayor pro tem Brown recommended moving forward with discussions with Chatham County. Ms. DeVetter asked for clarification of personnel costs for each option listed. She asked if conversations have been held with Chatham County EMS. Dr. Gillen stated no, as he wanted to determine the personnel costs. Mr. Hosti confirmed discussions have not been held with Chatham County regarding response times. Dr. Gillen confirmed. Ms. DeVetter asked Chief Kendrick the number of instances Chatham County was not able to respond to a medical call. Chief Kendrick stated there have been several issues where Chatham County did not have a unit available due to high call volume. Monty Parks made a motion for the City Manager to explore Option 2 which is a quick response vehicle and appropriate Staff to handle current volume. Barry Brown seconded. Vote was unanimous to approve, 6-0. · Wagging Winter Wednesday. Dr. West stated the topic of dogs on the beach comes up frequently, as people are passionate to be able to spend time with their pet on the beach. This Program that is before them tonight is a well thought out program and well considered effort to make something happen for those who love their pets. The recommendation is for Wednesday’s only as it is in the middle of the week and less busy. The location would be on the south-end of the beach as it is less populated during the winter months. Dr. West stated he does have compassion and concerns for the shore birds. He is not asking for an ordinance but to have an experiment to see how it works. Ms. DeVetter stated she would support a limited trial on a specific area to see how it works. Mr. Hosti is in agreement with Ms. DeVetter. SGT Hattrich approached Mayor and Council to discuss the enforcement challenges with dogs on the beach on specific days and in limited areas. After a lengthly discussion, Mr. Parks recommended this come back for further discussion after conversations are held with Code Enforcement, City Manager (signage) and DNR. Dr. West thanked Mayor and Council for the discussion and will come back with further information. NO ACTION TAKEN. Minutes of Boards and Committees · PC Minutes October 17, 2022 · PC Minutes November 14, 2022 Monty Parks made a motion to adjourn to executive session to discuss litigation and real estate. Brian West seconded. Vote was unanimous to approve, 6-0. Monty Parks made a motion to return to regular session. Spec Hosti seconded. Vote was unanimous to approve, 6-0. Brian West made a motion to adjourn. Monty Parks seconded. Vote was unanimous to approve, 6-0. Meeting adjourned at 11:45PM _________________________ Janet LeViner, MMC Clerk of Council