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HomeMy Public PortalAbout20110210CCMeetingPacket (2) MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tem Wanda D. Doyle Bill Garbett Frank Schuman, Sr. Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CLERK OF COUNCIL Vivian Woods CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Updated: 1/05/2010 City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 10:00 am the Wednesday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 2/10/2011 Item: Proclamations declaring May 9-13, 2011 as Bike to Work Week on Tybee Island and May 2011 recognizing National Bike Month. Explanation: N/A/Budget Line Item Number (if applicable): N/A. Paper Work: x Attached* Already Distributed To be handed out at Council Meeting (by Requester) Audio/Video Presentation** * Thirteen copies for packets must be provided with request. ** Audio/video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Jonathan Lynn Phone /Email: 912-786-4573 ext. 107 jlynn@cityoftybee.org Comments: n/a Date given to Clerk of Council: 1/31/2011 CC Packet 20110213Page 1 of 225 Bike To Work Week, Proclaimed at the February 10, 2011 Tybee Island City Council meeting. WHEREAS, for more than a century, the bicycle has been an important part of the lives of most Americans; and WHEREAS, today, millions of Americans engage in bicycling because it is a viable and environmentallysooun form of transportation, an excellent form of fitness and provides quality family recreation; and WHEREAS, the education of cyclists and motorists as to the proper and safe operation of bicycles is important to ensure the safety and comfort of all users; and WHEREAS, the City of Tybee Island is promoting greater public awareness of the importance of commuting by bicycle, bicycle operation and bicycle safety education as a means of reducing reliance on the automobile, reducing vehicle traffic congestion and promoting a healthier and more connected community; and WHEREAS, the City of Tybee Island and its employees are active participants in the efforts to reduce motorized traffic and maintaining a healthy lifestyle; NOW, THEREFORE, I, Jason Buelterman, Mayor for the City of Tybee Island, do hereby proclaim May 09-13, 2011 as Bike to Work Week in the City of Tybee Island to call attention to the importance of bicycles for both recreation and transportation and I further call upon all residents of the City of Tybee Island to use a bicycle to commute to work or run errands during that week. CC Packet 20110213Page 2 of 225 National Bike Month, Proclaimed at the February 10, 2011 Tybee Island City Council meeting. WHEREAS, for more than a century, the bicycle has been an important part of the lives of most Americans; and WHEREAS, today, millions of Americans engage in bicycling because it is a viable and environmentallysooun form of transportation, an excellent form of fitness and provides quality family recreation; and WHEREAS, the education of cyclists and motorists as to the proper and safe operation of bicycles is important to ensure the safety and comfort of all users; and WHEREAS, the City of Tybee Island is promoting greater public awareness of the importance of commuting by bicycle, bicycle operation and bicycle safety education as a means of reducing reliance on the automobile, reducing vehicle traffic congestion and promoting a healthier and more connected community; and WHEREAS, the City of Tybee Island and its employees are active participants in the efforts to reduce motorized traffic and maintaining a healthy lifestyle; NOW, THEREFORE, I, Jason Buelterman, Mayor for the City of Tybee Island, do hereby proclaim the month of May in the year 2011 as National Bike Month in order to call attention to the importance of bicycles for both recreation and transportation and to show the City of Tybee Island’s support of bicycling efforts throughout our community. ! CC Packet 20110213Page 3 of 225 MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tem Wanda D. Doyle Bill Garbett Frank Schuman, Sr. Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CLERK OF COUNCIL Vivian Woods CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Updated: 1/05/2010 City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 10:00 am the Wednesday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 2/10/2011 Item: Tree City, USA Designation Items Explanation: The City of Tybee Island will be pursuing the designation as a Tree City USA in 2011. In order to do so, the City must be in compliance with a few items: 1) Celebrate Arbor Day with a Proclamation, which is February 18, 2011 in Georgia; 2) Appoint a Tree Board (would would like to have Infrastructure Committee be appointed as such); 3) Have a City Arborist/Forester designated (would like to have DPW Director, Joe Wilson appointed as such as he already reviews tree removal permits for the City); 4) Make application showing that there is a budget dedicated to tree related items that is at least $2 per person located within the jurisdiction (see attached narrative and budget). Budget Line Item Number (if applicable): N/A. Paper Work: x Attached* Already Distributed To be handed out at Council Meeting (by Requester) Audio/Video Presentation** * Thirteen copies for packets must be provided with request. ** Audio/video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Jonathan Lynn Phone /Email: 912-786-4573 ext. 107 jlynn@cityoftybee.org Comments: n/a Date given to Clerk of Council: 2/1/2011CC Packet 20110213Page 152 of 225 ! City!of!Tybee!Island! Tree!City!USA!Application!Narrative!and!Budget!Sheet! !The!City!of!Tybee!Island!is!attempting!to!make!application!to!become!a!Tree!City!USA,!which!is!a! program!that!is!sponso red!by!the!National!Arbor!Day!Foundation.!!The!Tree!City!USA®!program,! sponsored!by!the!Arbor!Day!Foundation!in!cooperation!with!the!USDA!Forest!Service!and!the!National! Association!of!State!Forest ers,!provides!direction,!technical!assistance,!public!attention,!and!national! recognition!for!urban!and!community!forestry!programs!in!thousands!of!towns!and!cities!that!more!than! 135!million!Americans!call!home.! !There!are!several!areas!that!are!required!to!be!met!in!order!to!ensure!that!are!eligible!for!this! designation.!These!areas!are:! ! I. A!tree!board!or!department;! II. A!tree!care!ordinance;! III. A!community!forestry!program!with!an!annual!budget!of!at!least!$2!per!capita;! IV. An!Arbor!Day!observance!and!proclamation.! !Currently,!the!City!of!Tybee!Island!alr eady!exceeds!the!$2!per!capita!with!a!dedicated!budget!from!the! Department!of!Public!works!where!there!per!capita!spend!is!around!$10!per!capita!with!the!equipment! maintenance,!staff!time,!trees!pl anted,!trees!pruned,!etc.!Additionally,!the!City!of!Tybee!Island!has!a! tree!ordinance!(Article!7!of!the!Land!Development!Code)!in!place!that!would!fit!the!tree!care!ordinance! at!this!time.!!For!the !remaining!two!items,!they!are!requested!to!be!approved!by!City!Council!at!the! meeting!of!February!10,!2011!with!the!Infrastructure!Committee!to!act!as!that!board!and!that!Joe! Wilson!be!appointed!a s!the!City!Forester!as!he!handles!the!review!for!tree!permits!for!the!City.! CC Packet 20110213Page 153 of 225 ! City!of!Tybee!Island,!Georgia 2011! 20! 100 40! 10,000/year! 21,000/year! 8,000/year! 39,000/year! 3,713CC Packet 20110213Page 154 of 225 Prepared 01/19/2011vw Page 1 of 22 20110113 City Council Minutes DRAFT Mayor Jason Buelterman called the Consent Agenda meeting to order at 6:30pm on Thursday, January 13, 2011. Council Members present were Mayor pro tem Shirley Sessions, Wanda Doyle, Bill Garbett, Frank Schuman, Sr., Kathryn Williams and Paul Wolff. Also present were City Attorney Bubba Hughes, City Manager Diane Schleicher, Zoning Director Jonathan Lynn and Clerk of Council Vivian Woods. Mayor Buelterman listed the following items on the Consent Agenda: Beach Task Force reappointments for 3-year terms: James Burke Mary McCracken Harry Spirides John Wylly Community Resource Committee appointment: James Burke Planning Commission Appointments for 2-year terms: Henry Levy John Major Sunday Sales License application from Santiago’s Mexi-Cali, 402 First St. Applicant, James Davies. Request for waiver of fees for Historic Society Event on Jan 18th at Guardhouse. Special Event Application: Mardi Gras, March 5, Parade (1pm) & Tybrisa/Strand Roundabout (12pm – 6pm), Applicant: Tybee fest Request to apply for Curbside Acceleration Recycling Program Resolution for Curbside Acceleration Recycling Program Resolution to partner with the Georgia Department of Revenue in an effort to ensure proper payment of sales tax. Authorizing Resolution for DNR-Coastal Incentives Grant 2011-12 Agreement to cancel the city council meeting on January 27th. Agreement to hold a public hearing on January 20th to discuss the harbor deepening and the CORP proposal for near shore disposal. Memorial Park Meeting on February 17th at City Hall at 6:00pm Windstream Agreement-Subject to contractual provisions being resolved Rejection of Ante Litem Notice-Tim Sullivan Rejection of Ante Litem Notice-Timothy Sessions Planning Commission appointments were discussed. Mr. Wolff asked if everyone had received the e-mail from the vice-chair of the Planning CC Packet 20110213Page 4 of 225 Prepared 01/19/2011vw Page 2 of 22 Commission requesting council to hold off on the appointments and extend the deadline to February 4th because only two people had applied and there were three openings posted. Mayor Buelterman asked if this would be fair to the two applicants that got their applications in on time. Wanda Doyle said she didn’t think that was fair. Shirley Sessions asked if there would be enough people at the next Planning Commission meeting to have a quorum. Jonathan Lynn said the commission terms do not expire until January 31st, so there are enough commissioners for the next meeting whether new people are appointed tonight or not. Sessions said if we wait the appointees will have limited time to get on board with the commission. Lynn said yes the council meeting is on the 10th of February with the Planning Commission meeting on the 15th. Sessions asked if there was an orientation. Lynn said yes they usually do the orientation towards the end of February. Sessions said she wished there were a lot of applicants but it concerns her that people that do get their applications in on time would be dismissed. Doyle agreed and said she didn’t have a problem opening it back up but these people got their applications in on time and to her that is two positions right there. Mayor Buelterman said vote on the two and extend the application for the additional two year term to February 4th. Bill Garbett added or until filled. Kathryn Williams asked what the problem was initially with the advertisement only being put up a week before the deadline and then council extended it and that may have put some people off as well as the holidays. She said we need to make sure we advertise for that third position regardless of what action is taken tonight. Mayor Buelterman asked if it was the will of council to appoint the two people that have applied and extend the application until filled. Doyle said that is her desire. Buelterman asked Hughes if the appointments should be done as in the past. Hughes said if it is a unanimous vote, the appointments could be done during the consent agenda with the minutes reflecting who voted how. Mayor Buelterman said on the consent agenda there is a unanimous vote for Henry Levy and John Major and extending the deadline for the third position. Mardi gras event discussion included Kathryn Williams asking what happens in the event of a cost overrun. Diane Schleicher responded the staff works diligently to come up with a realistic cost estimate and she feels very confident that this one is close. Williams asked if the event coordinator would be called at the time and notified if the cost should exceed the estimated amount. Schleicher responded yes. Curbside Acceleration Recycling Program discussion included Paul Wolff explaining that a meeting was held between Waste pro, Schleicher, Wilson, Morton and Wolff in order to discuss writing a grant allowing CC Packet 20110213Page 5 of 225 Prepared 01/19/2011vw Page 3 of 22 us to go from eighteen gallon to ninety six gallon carts for recycling that would have a computer chip imbedded in them in order to know exactly what address they came from. The truck can weigh them in order for us to know exactly how much is being recycled compared to how much is being thrown away. What we are asking Waste Pro to do is help us with funding roughly fifty percent of the match. We are looking at around three thousand carts at fifty bucks a cart. He said we are looking at seventy five thousand dollars from the grant and waste pro would match that with seventy five thousand dollars invested in the carts and we would add an addendum to the contract saying this would be funded or refunded to them by going from once a week to once every other week for pick up of recycling. He said this will solve a lot of problems such as the wind blowing stuff around. Mayor Buelterman asked, the cost of pickup would not increase. Wolff answered no. He said we want to include some incentive programs since we will be weighing the carts such as say every pick up day, whoever has the most recycling by weight will receive a fifty dollar savings bond, just to give people a little extra boost as an incentive. Wolff said we’ve been working to amend our contract to say if we increase our recycling island wide to thresholds of twenty five, fifty, or one hundred tons a month; we then get that percentage of what they get for the recyclables. That could be a significant revenue stream for the city that we could use to improve the service or delegate back to the customers. Wanda Doyle said she would have liked to have known about that meeting but her emaai has been a little crazy lately and maybe it was sent and she didn’t receive it. She said there are people other than Paul that are interested in trash and recycling. She said she doesn’t know how other council members feel but in the future she would like to know about meetings where something that important is going on. She said we all need to know meetings are being held. Sessions said everyone does agree and their actions show everyone is concerned with this and whoever puts together these meetings needs to insure everyone is copied on it. Wolff said we didn’t have a lot of lead time on this, he received the notice from Coca Cola on Friday and they wanted to know something by Tuesday or Thursday. Mayor Buelterman said in the future just let everyone know. Wolff said we will have to advertise for a quorum. Mayor Buelterman discussed Savannah Chatham Day in Atlanta and said it falls on the 27th which is the day of the council meeting. He said he is looking at scheduling a meeting on the twentieth in order to discuss the harbor deepening project and provide Tybee’s response to the C.O.R.E., due by the twenty fifth. He said we would be canceling the meeting on the twenty seventh and advertising for a meeting on the CC Packet 20110213Page 6 of 225 Prepared 01/19/2011vw Page 4 of 22 twentieth. He said if there are other pressing items needing to be dealt with before February, they could consider them on the twentieth. Wolff said what the CORE is offering could amount to a free beach renourishment but there could be consequences that everyone on Tybee needs to be aware of and allow the citizens to give input to council in order to formulate the response by the twenty fifth. That’s why they are scheduling the meeting on the twentieth. Kathryn Williams said before the holidays they had a meeting to review and discuss the Memorial Park Master Plan. She said they watched the portion of the council meeting when the committee presented their recommendations. She said basically the plans have been sitting there and what they want to do is pull the plans out and see what things they might like to implement although there are some things that are not relevant at this point. She said they want the public to be aware and involved before we start advertising. The meeting on February 17th at City Hall will start at 6:00. Mayor Buelterman adjourned the Consent Agenda. Mayor Buelterman called the regular meeting of the City Council to order at 7:00pm. Those at the Consent Agenda attended the regular meeting. John Major gave the invocation and everyone recited the Pledge of Allegiance to the Flag. A moment of silence was observed for the victims and families of the Arizona tragedy in which Congresswoman Gifford was shot. Mayor Buelterman announced the meeting next Thursday, January 20, 2011 at 7:00pm in which they will discuss the plans that the Army Corps of Engineers has developed to take the dredge spoil from the planned harbor deepening. Rusty Fleetwood announced the Tybee Water Fair to be held on Saturday, January 29th 10am to 4pm at the Tybee Gym. Judy Miller recognized committee members: Libby Bacon, Frank and Karen Kelly, and Sandy Major. She said the purpose of the fair is to educate the public on the importance of water conservation. Mayor Buelterman thanked the entire committee for putting together the water fair. Recognitions and Proclamations Mayor Buelterman recognized the employees of the Fourth Quarter 2010 Matthew Moses-DPW Emory Randolph-Police Department CC Packet 20110213Page 7 of 225 Prepared 01/19/2011vw Page 5 of 22 Jonathan Hagan introduced Chris Humes of the LNG Company. Mr. Humes presented Mayor Buelterman and the City of Tybee with a grant check for ten thousand dollars to be used for purchasing a boat to insure safety and security on our waterways. Bill Farmer gave a presentation as a member of the stakeholders committee on the harbor deepening. Chantel Morton presented the revised by laws for the better hometown board of directors. She said one of the reasons was to expand the board from seven to nine members. Perb Fortner introduced himself and the other members of the Steering Committee of Leadership Tybee, Kathy Sutlive, Michael Bodine, and Diane Schleicher. He explained the curriculum of the program developed for twelve members and said they determined the classes would be just for Tybee Island. He said they started it in February of 2010 and it took almost a year to get it underway. The participants have completed thirty two classroom hours. He said January 31st will be their final class and Graduation where they will be recognized for their projects. Burke Day described his first day as a former state representative when the ice and snow was in Atlanta and he was home in his bed on Tybee for the first time in sixteen years. Mr. Day presented a dare of sorts to council with the premise that we all stand naked before the king and there are twenty people on Tybee that have something you don’t. He said it is unique and interesting and it’s called CERT, meaning the Community Emergency Response Team. He said he is one of the more recent graduates. He said in twenty hours of training he was taught how to respond as a citizen when there is a natural or man made disaster. He said Tybee was well represented in the classes. After they went through the simulators he said you know leaders need to know what to do when the stuff hits the fan and he volunteered to come forth with a friendly challenge to each council member and the Mayor to take this course either together or separately. He said it is our personal responsibility to know what to do when things go bad. Mayor pro tem Sessions said she completed CERT training five years ago in order to understand what she was recruiting volunteers for as a representative of the United Way. She said it is rewarding and a fulfillment and she would be glad to take up the challenge and go for a renewal with her fellow council members. Alfie Waite requested a waiver of the liquor license of the Tybee Lite Shrine Club. He said the Shrine club organization has helped hundreds CC Packet 20110213Page 8 of 225 Prepared 01/19/2011vw Page 6 of 22 of thousands of children and the Tybee Lite Shrine Club is a part of this tremendous philanthropy. He announced the Georgia Chip Program (child identification program) will be held the weekend before St. Patrick’s Day. He said they will send out ads to notify the public they will be available that weekend. Freda Rutherford thanked council for their efforts to fix the Eagles Nest surprise that occurred on December 17th. She requested for council to help eagles nest retain their community character as outlined in the master plan. She requested for council to align our values with our actions. She asked if it seemed odd that a property subdivided under C-2 is now proposed for R-2 residential use. Bonnie Gaster described her experience and background in real estate and contracting houses. She said her background helps her understand they do have a current problem in Eagles Nest with the zoning errors of the past. She said the major issue being the improper subdivision of lot 1-1-B. she said the eagles nest property owners are greatly concerned and that’s why they are here tonight in order to let their concerns be known to council. She said in 1996 Paul and Terry Jackson acquired the C-2 area of Eagles Nest adjacent to Hwy 80 and was approved for a major subdivision for residential use. She said if a C-2 lot is used for residential it reverts to R-2 zoning and this is where the first bobo occurred. The lots on Eagles Nest Lane should have been changed on the zoning map to R-2 as a planned subdivision. She said Chatham County was not notified either. She said they are now trying to correct this and hope council will help them. They requested the zoning map be amended to reflect the correct zoning and the subdivided lot at 105 Eagles Nest is recombined. Keith Gay expressed gratitude from the Friends of the Tybee Theater for the city’s foresight to take on a commitment of matching funds so that we can proceed with the development of the theater. He introduced the Tybee Players: Susan Susan Kelleher, Renee Deroset, Jenny Orr, Belinda Flanagan, Jen and Keith Drazek and Tina Gann. We are hoping come Saturday night to hear a figure that is right on target with the amount the city has committed for us or more. The party is Saturday Night, 7 to 11 for $25 a ticket and believe me we can find you a ticket. He said in addition to music, dancing and Tybee spirits we are inviting everyone to come in 1940’s USO uniforms. Frank Kelly introduced Tye from SCAD that was part of the design group who put together this proposal about two years ago as a way to reinvent our restroom and shower area starting on the North Beach. This plan will take us into the future allowing us to utilize CC Packet 20110213Page 9 of 225 Prepared 01/19/2011vw Page 7 of 22 rainwater for the bathrooms which is what this plan is about. Tye explained that SCAD designed this system and they realize this is not potable water and cannot be used in the showers but they propose using it in the toilets along with grey water in order to use less of the city’s water if we can, resulting in being able to bring back the showers. Rusty Fleetwood said what this will do is sell North Beach and like it or not we are in the beach business. He said a lot of volunteer hours have been utilized and moving ahead with this plan could insure future involvement of the SCAD design team which would be very beneficial for Tybee. Wanda Doyle said I think it’s a wonderful idea but my problem is the lack of communication with me as a council person. If I would have had something in my packet containing answers to the questions we are asking, I would feel a lot better. When I pick up a paper and see the words “Tybee Island Beach Showers Moving Forward” I think, oh my gosh, I’ve missed a council meeting. I think the work that the community resource committee is doing is great and it takes a lot of the burden off of council to have people working on this and bringing the information back to council. I don’t know what the protocol is about the communication so that I am more prepared than I was tonight when I came in here. I appreciate the information shared tonight, it was very informative. Fleetwood said both this and the water fair rolled really quickly and it’s my fault. We were unprepared for the short deadline given for the coastal incentive grant. Bill Garbett said this system is way overkill for the toilets and yet I think the value of this system would be in generating enough water to replace the showers. I just frankly admire the effort and creativity that has gone into this project but I would hope that you would at least modify that grant so that other alternatives would be considered before you commit to this particular plan. If you get the grant you may need an environmental engineer to look this over before you go ahead with it. I want some assurance that you will make those options available in the grant before I can approve it. Fleetwood said this grant if approved tonight will go to DNR tomorrow. My concern if its not approved is losing the momentum and I believe the flexibility will be built into the grant meaning Diane and Joe will not allow something to be built that is not going to work and I don’t think SCAD will do it either. Mayor Builterman said we’ve got Joe, what’s the risk. We are putting in money for DPW and we are working on a bathroom that isn’t the taj ma-hal. Diane Schleicher said I’ve checked into what kind of water can be used for showers because of the health risk and the EPD just recently allowed for flushing toilets with grey water and that’s just been a recent development. In order to get the most bang for our buck we might want to consider using the grey water for hand washing in the bathrooms as well as the toilets. We would then put signs over the sinks saying the water is not potable CC Packet 20110213Page 10 of 225 Prepared 01/19/2011vw Page 8 of 22 and please don’t drink it. Frank Schuman said in the Bahamas they use cisterns of rainwater for everything but they don’t have the EPD. Imagine if you had a gutter around the pier pavilion how much rain water you would catch during a summer storm and how nice it would be if we had a retaining tank down front for the showers. Mayor Buelterman said we may have to secede from the United States to make that happen. Leuveda Garner said I have a simple request to have the minutes for the November 18th council meeting be corrected to reflect what was actually said. In September, 2010 we paid $550 for a special review to appear before the planning commission and city council to request approval of a caretaker’s cottage. Now the city wants to take away our care takers cottage approval by changing the language to guest cottage. There are significant differences in the code between caretaker’s cottage and a guest cottage and we intentionally requested a caretaker’s cottage. Our application for special review was submitted and approved as follows. We request permission to elevate an existing building with improvements to conform to the caretaker’s cottage provision which is allowed in zone R-2 and to comply with the City and FEMA’s height regulations. Stacye Jarrell said Oceanfront Cottage is proud to be here on behalf of the World Organization of China Painters. Most people don’t realize Tybee host’s the most popular porcelain school in the world. This year we will have one hundred and sixty students attending multiple sessions. This year we plan to add a watercolor class and oil class to allow locals to attend these classes as well as the porcelain classes. My request today is for you to reduce the cost of the old school cafeteria by 50% so that meals will be served in the cafeteria for the ladies and gentlemen who attend and teach these classes. I think these classes are a local boon to the economy on Tybee. Wanda Doyle asked Hughes should I participate or step out during the Eagles Nest discussion. Hughes said if the discussion leads towards rezoning the property you own, you should not participate. 1 Sec. 5-010 B-Amend to require relocation permits for ALL structures 2 C-2 Zoning-Change C-2 to include only properties facing Hwy 80 3 Sec. 5-040 H-require ALL lot subdivisions to come before council CC Packet 20110213Page 11 of 225 Prepared 01/19/2011vw Page 9 of 22 Kathryn Williams said I wanted to introduce these items in order to get council’s approval to send it to the Planning Commission since they will constitute changes to the Land Development Code it should go through the whole vetting process. Wanda Doyle said number 2 will definitely affect my property. Bubba Hughes said to Wanda Doyle you should not participate. Kathryn Williams said these items directly affect the Eagles Nest situation but can apply to other properties around the island. I want to amend Section 5-010 B to require relocation permits for all structures. It is my opinion that we need permits whether a structure is being relocated on island or being brought from off island or taken away. I want to send this to the Planning Commission for their review just to make sure it is extremely clear and that there is no doubt that those permits are needed. Kathryn Williams moved to send Section 5-010 B to the Planning Commission for their review in regards to requiring relocation permits for all structures. Bill Garbett seconded. Bill Garbett said there is already a provision in Section 3-130 Buildings to be moved and it already clearly states what you’re suggesting. Any building or structure which has been wholly or partially erected on any premises located within the city shall not be moved to any other premise within the city until a permit is secured from the building and zoning department. Any such building or structure shall conform to all the provisions in the Land Development Code in the same manner as a new building or structure. No building or structure shall be moved into the city from outside the city until such compliance has been shown… We need to make sure these are both synchronized and consistent. Mayor asked Vivian Woods to make sure and pass along that comment to the Planning Commission about the specific provision that Bill read from Article 3. Bubba Hughes said you’ve done that. You know article 3 is the one you’ve been struggling with and this one section was addressed by you a couple of months ago. The vote was unanimous. Kathryn Williams said the second item concerns the C-2 zoning. Right now we are dealing with an issue in Eagles Nest but there have been other issues as well. There has also been a lot of confusion with the map and I’m sure we will be talking about how to rectify that. In talking with our City Attorney he is of the opinion that using GIS to establish the zoning map is probably something the city should pursue. Several people have contacted me with questions and I do want to say very clearly that when we send something to the planning commission CC Packet 20110213Page 12 of 225 Prepared 01/19/2011vw Page 10 of 22 they hold public hearings so that everyone has an opportunity to voice their opinion. When it comes before council you again have another opportunity to voice your opinion. My concern is protecting residential uses in that area and as it’s designed now the C-2 zone is two hundred feet. If you read the code and you read the intent of C-2, it is to encourage vehicular service business along the main artery coming onto the island and the zoning does list those appropriate businesses. I think that the only properties zoned C-2 are the ones that face Highway 80 or First Street because it doesn’t need to intrude back into residential neighborhoods. I would like this explored by the planning commission as well as getting public input. Changing zoning is a big deal and we have a whole audience to attest to what happens when it is not done right, but I do feel that there are many people that feel the desire to have residential zoning are caught in that C-2 zoning at this time. Kathryn Williams moved to send to the planning commission for their consideration and examination the current C-2 zoning with the request that we get their recommendations for how to improve the zoning to eliminate the ambiguities and encourage public input at the hearings. Paul Wolff seconded. Bubba Hughes said please include the TBR zoning in this process. The planning commission will trigger the notices once they have a proposal. There is nothing that prohibits council from working on it at the same time. As long as the open meetings law is complied with you can meet with the planning commission, which might be a way to get to the end of this quicker. Mayor Buelterman asked Hughes is it your recommendation that Williams motion should include that. Hughes said yes. Kathryn Williams amended her motion to include TBR. Paul Wolff seconded. Paul Wolff said I would like to suggest that when this goes to planning commission that they be very careful about how they construe these definitions because right now I think it is two hundred feet from the center line of Highway 80. If we say it’s just the lots facing Highway 80, they could be a thousand feet deep. We need to be very specific because we are dealing with property rights issues because people who own property in C-2 for a business use are not going to want their rights curtailed. Be very careful that we grandfather appropriate areas; set limits on how deep these lots can be as well as that they face Highway 80 or not. These are things that we need to have the planning commission consider in order for them to come back and we can make an informed decision as to how, if we are CC Packet 20110213Page 13 of 225 Prepared 01/19/2011vw Page 11 of 22 going to rezone C-2 and TBR, make it logical and workable and fair to everyone involved. Kathryn Williams clarified it is my understanding that if a zoning change is made then the existing businesses would be grandfathered in respect to they wouldn’t have to increase a buffer for example. Is that correct? Bubba Hughes said yes. The vote was unanimous with Wanda Doyle recusing. Kathryn Williams moved to send Section 5-040H to Planning Commission with the recommendation that we delete this section and require all lot subdivisions to come before the planning commission and council. Paul Wolff seconded. Jonathan Lynn said so what you would suggest to planning commission is to just strike section H. Williams said yes. Paul Wolff said I think it is important to do that if only to give the public the opportunity to know that these things are happening. Even if it seems really simple, it is going to affect the neighbors and we need to give them an opportunity to come to a public hearing and voice their concerns. Bubba Hughes said the way you stated it was just that subsection. You don’t want to get back into reviewing subdivision plats on completed duplex units. Kathryn Williams said no, I just don’t want subdivisions done at the staff level. Hughes said except for subdivision plats on completed duplex units. There is a separate section that deals with subdividing duplexes that are already constructed, that they don’t come to you either. That is a form of a minor subdivision but it’s a different subsection than the one you are referring to. The vote was unanimous with Wanda Doyle recused. Mayor Buelterman asked Mr. Hughes to provide an update on the status of the Eagles Nest situation. Hughes said I think everyone knows there has been a citation issued on the violations of the building code and the hearing is set for February 1st. Beyond that I would rather not comment. Kathryn Williams said would it be appropriate to ask staff to get an estimate on utilizing GIS for the zoning maps. Jonathan Lynn said I am meeting with our GIS rep on Tuesday at noon. That is one of the issues already covered is to get a price on it. CC Packet 20110213Page 14 of 225 Prepared 01/19/2011vw Page 12 of 22 Wanda Doyle said I recused myself but when will I have the opportunity to express my opinion on these zoning matters. Bubba Hughes said I don’t know what your decision is and it might impact how you have to act. As you know any of you can act in a private capacity and petition to rezone your own property but you have to recuse yourself from participating and if that is what you are choosing to do you would be able to participate as a property owner but not in your capacity as a council person. Gordon asked could you give a statement of the facts about eagles nest as they currently exist. Bubba Hughes said there is a hearing based on the position that there has been a violation of the ordinance by the placement of those structures where they are without a permit. He was given notice in advance of the citation that they needed to be moved and they were not moved. The hearing is scheduled for February 1st at 4:00pm. Consideration of the approval of the minutes of the regular regular meetings of the Tybee Island City Council. 20101209 City Council Minutes A Motion to approve by Paul Wolff was seconded by Frank Schuman. The vote was unanimous Reports of Staff, Boards, Standing Committees and/or Invited Consideration of adoption of Revised By-Laws for the Better Hometown Board of Directors. A Motion by Shirley Sessions to approve was seconded by Bill Garbett. The vote was unanimous. Consideration of Bids, Contracts, Agreements and Expenditures Change Order-#5 GEFA ECBG: Credit of $1,398 to line item 100-6210-54-1450. A Motion to approve by Paul Wolff was seconded by Frank Schuman. The vote was Wolff, Schuman, Garbett, Sessions and Williams in favor and Doyle opposed. Citizens to be heard. CC Packet 20110213Page 15 of 225 Prepared 01/19/2011vw Page 13 of 22 Alfie Waite-Request for waiver of fee for Shrine Club Liquor License A Motion by Wanda Doyle to approve the waiver of fee and request that shrine club be notified of next budget cycle and the grant process in order for them to submit their request at the appropriate time was seconded by Frank Schuman. The vote was 5 in favor with Kathryn Williams abstaining. Diane Schleicher said the request for waiver of fees by the Community Resource Committee for use of the gym has been withdrawn because they don’t need a waiver because they are a city committee. Don Ernst and Frank Kelly, request to apply for DNR grant plus city match to rework North Beach restrooms and shower. Kathryn Williams abstained because her son was in that class and is active with that committee. A Motion by Paul Wolff to approve was seconded by Frank Schuman. Paul Wolff said since this grant won’t be awarded until July 31st, I have sat on the committee that awards these grants and I still sit on the committee that funds them. There is always flexibility if the original intent is followed. I encourage that group to continue researching bio filters and try to come up with something cost effective and hopefully they can make themselves that will deliver potable water from rainwater. They still have time for a resubmission for next cycle. There is flexibility and we are not specifically limiting them to what they did with their class project. Bill Garbett said I have obviously raised some concerns about this but I think the goal of the project is excellent and I am placing my trust in the chair of the conservation committee to make sure we are not embarrassed by this. Wanda Doyle said I would ask Rusty Fleetwood and that committee to keep us posted and updated on how everything is going so that we don’t get any surprises or headlines when this is all said and done. The vote was unanimous with Williams abstained. Leuveda and Ron Garner requesting November 18, 2010 minutes be correct and factual regarding council’s approval of caretaker’s cottage status. CC Packet 20110213Page 16 of 225 Prepared 01/19/2011vw Page 14 of 22 Bubba Hughes said there is obviously a history with this structure and they disagree with me that it doesn’t make any difference to me if you call it a guest cottage or a caretaker’s cottage apparently. They applied for a caretaker’s cottage which is permissible in R-2, so is a guest cottage. Neither of them in his opinion can be rented out to other people. A caretaker’s cottage is what it means it’s for the care of the residents and the main structure. I recollect that at the time we heard this Paul Wolff specifically stated “you understand that you can’t rent it” or words to that affect but he doesn’t see that in the minutes. They say they don’t intend to rent it and all we can do is record what the minutes were and if the minutes have been approved then they are deemed approved. The status of it could be reflected as a caretaker’s cottage but the ultimate use of the structure shouldn’t change even if it is. Mayor Buelterman said in other words you’re arguing that we could go ahead and change it as they are requesting their claim that the caretaker’s cottage is what they applied for but ultimately it doesn’t make any difference. Bubba Hughes said in his opinion it doesn’t make any difference. Shirley Sessions said the minutes before us that are highlighted are verbatim. Is that correct? Vivian Woods said yes. Sessions said I think it is important that the minutes reflect what was actually said in the meeting but are they asking us to change that. Bubba Hughes said he thinks what they are asking to get approved for what they asked for, a caretaker’s cottage and apparently the motion interchanges caretaker’s cottage with guest cottage. Sessions said she doesn’t have a problem making that change if that is what they asked for then I am certainly in favor of doing that. I believe the intent was that we voted to that intent. Hughes said he doesn’t think she is wrong and he understood it from the context it was taken that it was clear it wasn’t going to be rented whichever it was. Sessions said I understood that too. Hughes said this was a special review which is different from a site plan and you can impose conditions. I am troubled because of the way we got here and I don’t want to mislead the Garner’s or anybody else. Sessions said clearly they have been mis-lead in 2001 when they said they were given permission to build this. Hughes said no. Wanda Doyle said they were given permission for a storage building that looked like it. Jonathan Lynn said it was permitted in 2001 as an accessory/storage building. Sessions said she keeps referring to a letter from the City Marshal referring to FEMA standards. Hughes said that letter contained a stop work order because they were building beyond what was permitted in 2001. it specifically says that the uses are limited to a storage structure and that if electricity is put in it’s got to be above base flood level, that hydro vents need to be installed and that the CC Packet 20110213Page 17 of 225 Prepared 01/19/2011vw Page 15 of 22 building not to be used as livable or habitable space but storage. Sessions said that just reiterates the whole point of how they got here and if we approved the guest or caretaker’s cottage; my second point is I understand the issue of not renting out short term rental or whatever. I guess that is what we are talking about, guest cottage, caretaker’s cottage but once again when you look at the code and it clearly states that residential areas are to be residential areas for single families that stay long term. We’ve violated that code for years and continue to do so. So I don’t have a problem personally with a caretaker’s guest cottage in that concept. What’s the difference in renting a house to twenty five people and you are not supposed to rent it in a residential section. Doyle said she pulled their paperwork and they applied for a caretaker’s cottage and she is in favor of changing the minutes to reflect that. Hughes said the minutes are verbatim and he is not in favor of changing verbatim minutes. What you’re doing is making a motion to correct an error that was done in the meeting as reflected in the minutes to truly correct what your intention was if it was to grant a caretaker’s cottage. Paul Wolff said I heard her at one point say she wanted verbatim minutes and we have them now so would there be a problem with just replacing the minutes pertaining to this petition with verbatim minutes because they say everything very clearly including the fact that Jonathan said they can’t rent it out but they can have family stay there but it cannot be a rental property period. It clears up all the grey areas that everyone seems to be fuzzy on. They can call it whatever they want but that’s in the minutes. Hughes said that is in the discussion but not in the motion and if it is called a caretaker’s cottage as the Garner’s interpret the code, it can be rented Wanda Doyle moved to approve what was placed on the original application, which is a caretaker’s cottage. Bill Garbett seconded. Bill Garbett said their request included having the minutes most accurately reflect their discussion. I think that would be beneficial if we included them also. Mayor Buelterman asked Vivian Woods if what was given to us tonight were verbatim. Vivian Woods said yes. Bill Garbett said and that is what we are substituting in the minute’s right? Mayor Buelterman said we are not substituting anything in the minutes but we are changing what was originally approved to state it’s what the applicants originally requested. Which was a caretaker’s cottage? Kathryn Williams said she voted for that motion under the impression it would not be rented and so if we change it to say this is what we really meant to vote on, that’s not what I voted on. I think it’s going to open up a can of worms if the city attorney is saying that you can’t rent either one and they are under the opinion CC Packet 20110213Page 18 of 225 Prepared 01/19/2011vw Page 16 of 22 that you can, that’s going to create a situation and I don’t know how it will be resolved. Shirley Sessions said if the motion states that we acknowledge their application was for a caretaker’s cottage and we stand by the minutes as written verbatim and we understand as part of that there is no rental of the caretaker’s cottage or guest cottage as stated in the minutes. Mayor Buelterman asked Wanda Doyle to withdraw her motion if she wants to. Doyle said the only part I guess you’re adding is about the renting of it which is a part of our code anyway, which I think Bubba has explained to them anyway. They may not agree but we don’t agree with a lot of things. If it’s against the law and they get caught breaking it… Mayor Buelterman said I think that Shirley is suggesting by voting that we publicly acknowledge that they asked for a caretaker’s cottage and leave it at that. Mayor Buelteman asked Wanda Doyle will you withdraw your motion. Wanda Doyle said yes. Bubba Hughes said if you clarify that the application was for a caretaker’s cottage and in the minutes of November the 18th it was referred to as a guest cottage but in order to correct the record. Don’t change the earlier minutes. The motion should have been its approved as a caretaker’s cottage under special review and if you want to impose a condition that reminds them that it is not available for rent, that should be recited in there as well. Mayor Buelterman said Wanda if you will withdraw your motion. Wand Doyle said I withdraw my motion. Mayor Buelterman said Shirley will you Withdraw your second. Shirley said I withdraw my second. Bubba Hughes said what we are doing is correcting the record for the meeting of November 18’ 2010. The motion was to approve and what had been applied for was a caretaker’s cottage but in the discussion immediately leading up to the motion there was a reference to a guest cottage. What was approved was a caretaker’s cottage however there had been discussion as well that the structure could not be rented as a caretaker’s cottage and that needs to be a part of the record. Paul Wolff said so moved and Shirley Sessions seconded. The vote was unanimous. Stacye Jarrell, Oceanfront Cottage Rentals, LLC, requesting rate reduction for Old School Cafeteria from 2/18/11 to 3/6/11 for the World Organization of China Painters to conduct annual classes on Tybee for 17 days. Asking for rate reduction of 50% from $5,100 to $2,550. Bill Garbett moved to approve. Frank Schuman seconded. The vote was unanimous. CC Packet 20110213Page 19 of 225 Prepared 01/19/2011vw Page 17 of 22 Kathryn Williams said so the city has waived half of the fees for three years. Diane Schleicher said yes. Williams said I would think in our current economic situation that we would give them a reduction but maybe not a full 50%. Shirley Sessions said maybe we should explain to Stacye if they come again next year we really need to rethink the 50%. I would like for the staff to step up and advise us. Do you think that this is something that there are stipulations that we should not do. We don’t really hear enough from ya’ll about these types of things and ya’ll do know the financial consequences. Diane Schleicher said they do clean up after themselves but they give us a deposit and it is during a time when we really don’t rent it very often. If you think about it the room would be open during that time so we are recovering money that we wouldn’t have had otherwise. The vote was unanimous. Consideration of Bids, Contracts, Agreements and Expenditures Change Order-#5 GEFA ECBG: Credit of $1,398 to line item 100-6210-54-1450. A Motion to approve by Paul Wolff was seconded by Frank Schuman. Wanda Doyle said there was a credit for $2893 but what was the original cost and why is it being changed from exterior to interior. Paul Wolff said a lot of it was logistics. They had originally projected that the airlock on the Gym was going to project out into the porch and when they got to look at it more closely it was going to be not very workable in terms of ADA accessibility and if someone came up the ramp on a wheelchair it was going to be a tough turn. It made a lot more sense to go into the lobby and the main cost savings to that was that we didn’t have to use impact glass because it wasn’t going to be exposed to the elements. All we had to do was move the impact doors to the front and use the regular doors on the back and we have an airlock in the lobby that is a much more efficient use of the space and it is much easier to use. Wanda Doyle said I’ve been over there as the liaison for the Y and I think this is going to be a hardship for the people in the gym and how they have their setup. For one thing they have been freezing to death over there since we have had this cold weather and now they have to put up with this. Where their check in counter is on the right hand side and from what I understand I don’t see how anybody in a wheelchair can get around there. The only other area for them to set up a check in is where they have all their skates. I think it is going to put an undo hardship on them to have this done. We took it out of city hall to do something else and now we CC Packet 20110213Page 20 of 225 Prepared 01/19/2011vw Page 18 of 22 are going to put it over there. I know you say there is a cost savings on paper but I disagree with it. Paul Wolff said we met with the contractors and Gina and had a tape measure and went through the whole thing with Gina there and asking her every step of the way if she thought this was going to work. The whole purpose of this is to make it more comfortable for the people working there because every time someone comes in they get a blast of cold or hot air depending on what season it is. This is going to eliminate that problem. We talked to the girl at the desk and she said she was all for it. This is not just to save money it is to make the gym more pleasant for the people who are spending the whole day there and for the people who are in there playing games and exercising. Wanda Doyle said I don’t know who you talked to Paul because I talked to several people and that is not what they told me. Shirley Sessions said so you say you worked with the director of the Y. Paul Wolff said yes. Sessions said maybe we could get something in writing from her and in the future as a general idea not only for these types of things but for anything that is going to impact another group of people, we can get someone with authority representing that group of people to sort of sign off on a letter or write a letter of agreement saying yes I support this and this is why. We could have that with the packet and with the record and we wont be saying I thought that’s what he said or that’s what she said. Paul Wolff said sure but she spent a whole hour over there with us saying what I just said the whole way. Sessions said I don’t think for a minute that you misunderstood. Wanda Doyle asked are you saying I misunderstood. Sessions said no I’m saying to Paul we don’t think it but we are not there and we didn’t hear what she said. Wolff said well there were five or six of us there and I can get all of them to verify. Sessions said I don’t want to argue about this I just feel there should be something in writing. Mayor Buelterman asked Wolff to have Catamount come to a future meeting and share what they’ve done. Sessions said Diane was at that meeting do you agree that having something in writing like a recommendation helps. Diane Schleicher said well I’m just really surprised because I was there and we went there and Gina was involved in the process and I’m surprised. This was about a month ago and she hasn’t come back and said that she had a problem with it at all. This is the first I’ve heard about it Wanda. I apologize she has had every opportunity to say. The problem with going out because we’ve even thought about going half in and half out is not so much about the ADA but if you think about it being out on the porch is when you have someone coming up on the stairs to come in and the doors come open that someone may fall backwards on the stairs. We were thinking about safety because of how much would be left as far as the approach and how they might fall backwards on the stairs. So we are thinking about the safety and the kids because the kids have a CC Packet 20110213Page 21 of 225 Prepared 01/19/2011vw Page 19 of 22 tendency to horse around on the stairs. The thought was if we brought the airlock inside we would get away from all those safety issues because we observed how the kids behaved and how people behaved on the porch. That’s what kind of drove that whole issue. It turned out to be a cost savings and I actually thought it would cost more because we have to move some mechanicals in order for it to happen. The HVAC has to be moved and the sprinklers have to be moved and some lights have to be moved and I didn’t even think we would get a savings to be honest. I thought it would be awash if anything and all. What was driving the issue was the safety and the approach and worried about walking up the stairs and there being enough room with the airlock. That’s what really drove it. We measured to make sure that when you came around you would have enough room to meet the ADA requirements for a wheelchair when you came around as far as the width in front of that desk and we did the width that it made the width requirements for ADA accessibility. A clear glass airlock it will be totally visible and I have talked with one of the ladies that work there. She is outspoken and concerned that people will be able to see it and they will physically come around but the tradeoff is that she gets the cold blast of air and she said people just have to change. You know people don’t like change you know you have an airlock and people just coming into a wide open atrium or entry way. She said if she doesn’t have to have this freezing cold and she is the one that has been calling. About the cold blast of air and she is really looking forward to it but she is a little concerned about it and is sort of wait and see. Like I said we measured it to make sure there was enough clearance coming around and its going to be glass. People are worried that it is going to be closed off too much but its going to be like a glass enclosure and all and you will be able to see through it. Like I said Gina was there when we looked because it was a big decision to make and had her input and her thought and said can you live with this, is this something you can do, you know what we can do. She was involved there so we brought her immediately to the meeting. Wanda Doyle said Diane you can sit there and talk all night okay. You are City Manager, if you walk into a room and you are talking to a person and she answers to you or the city and a council person comes in. I know what we talked about and the motions been made and seconded and it’s over and done with just like everything has been done with this project from the beginning. Jason call for the vote. The vote was Wolff, Schuman, Garbett, Sessions and Williams in favor and Doyle opposed. Consideration of Approval of Consent Agenda CC Packet 20110213Page 22 of 225 Prepared 01/19/2011vw Page 20 of 22 Kathryn Williams moved to approve the consent agenda. Paul Wolff seconded. The vote was unanimous. Public Hearings 1. Request for setback variance, 205A Miller Ave (4-0004-12-007), LDC Section 3-090, Applicant/Owner: Mr. Tyler Randolph Mayor Buelterman opened the public hearing. Jonathan Lynn said the applicant is requesting a set back variance at 205A Miller Ave. This was previously before council on December 9, 2010 however the applicant was unable to attend. Mayor and Council recommended continuing it until such time as the applicant can be here. The property is zoned R-2 and the community character is the inland cottage neighborhood. He is seeking a side yard variance to build a screened in glassed in porch on the side of the unit. Currently there is a 21.1 foot setback. The proposed porch addition is to be 12.2 feet in width that would reduce the setback to 8.10 feet from the property line on the southern portion of the property. The current property at 205 Miller Ave. is a duplex and Mr. Randolph owns the Southern side of that duplex. The required setback for this area would be ten feet. The staff finding states the request does not violate the intent of the zoning for this location as specified also in the master plan however staff does not make any interpretations on the case on the hardship for the applicant. Shirley Sessions said I’m sorry I didn’t understand what the hardship was. Lynn said Mr. Randolph is basing his request on the size of the porch he wishes to build will not fit within the property setback. Sessions said did you show him the code section about hardship. Lynn said yes. Mr. Randolph said we are requesting a fourteen inch variance into the 10 foot setback. We are citing factors that create a hardship as follows, the lot condition. As a duplex unit we are automatically precluded from adding to the right because of the other unit. The lot is narrower than normal and is not the typical unit house site lot. Third, if we were to seek the square footage we are trying to accommodate here by expanding backwards, we would have to take out at least two old established trees that we would like to preserve including a live oak and a palm tree. We would tear down the wood fence and we believe the porch would create more curb appeal and be more esthetically pleasing than the wood fence. Frank Schuman moved to approve as requested. Wanda Doyle seconded. The vote was Schuman, Doyle and Sessions in favor and Garbett, CC Packet 20110213Page 23 of 225 Prepared 01/19/2011vw Page 21 of 22 Williams and Wolff opposed. Mayor Buelterman broke the tie and voted in favor. Consideration of Ordinances, Resolutions 2nd Reading 23-2010, Section 70-43,Bill Adjustments for Water and Sewer Paul Wolff moved to approve. Kathryn Williams seconded. The vote was Wolff, Williams, Garbett, Schuman and Sessions in favor and Doyle opposed. 2nd Reading to add Section 18-2 (34-2010) Emergency Access Requirements for Gated Communities Paul Wolff moved to approve. Kathryn Williams seconded. The vote was unanimous. 2nd reading 3-040, Substandard lots of record Bill Garbett moved to approve. Paul Wolff seconded. The vote was unanimous. 2nd reading 3-070, Permissible structures per lot/Accessory structures 1st Reading LDC Article 3 in its entirety without 3-030, 3-040,3-050, 3-060, 3-070,3-130, 3-140, 3-190, 3-200, 3-250 (pgs 84-99) Kathryn Williams moved to postpone 2nd reading of 3-070 and 1st reading of Article 3. Wanda Doyle seconded. The vote was unanimous. Resolution authorizing authorizing application for DNR Grant to rework North Beach restrooms and shower. Kathryn Williams abstained. Paul Wolff moved to approve. Frank Schuman seconded. The vote was unanimous. Sec. 5-010 B-Amend to require relocation permits for ALL structures Wanda Doyle recused and left the room during the discussion. CC Packet 20110213Page 24 of 225 Prepared 01/19/2011vw Page 22 of 22 Kathryn Williams moved to send Section 5-010 (B) to Planning Commission for review in regard to requiring relocation permits for all structures. Bill Garbett seconded. Garbett added a request to PC to review Article 3-130 in order to make sure both code sections are consistent. Williams agreed. The vote was unanimous. C-2 Zoning-Change C-2 to include only properties facing Hwy 80 Wanda Doyle recused. Kathryn Williams moved to ask Planning Commission for consideration to review current C-2 zoning in order to get their recommendation to eliminate ambiguity. Paul Wolff seconded. Ms. Williams modified the motion to include the TBR district; Wolff seconded and recommended the Planning Commission proceed carefully and logically and to grandfather appropriate areas and existing businesses in C-2. The vote was unanimous with Doyle recused. Sec. 5-040 H-require ALL lot subdivisions to come before council Kathryn Williams moved to send this to Planning Commission with a recommendation to delete this section and require all lot subdivisions to come before council was seconded by Paul Wolff. The vote was unanimous. Executive Session Paul Wolff moved to go into Executive Session to discuss Personnel and Litigation and Property Acquisition. Kathryn Williams seconded. The vote was unanimous. Paul Wolff moved to end Executive Session and go back into open discussion. Bill Garbett seconded. The vote was unanimous. Adjournment Paul Wolff moved to adjourn. Bill Garbett seconded. The vote was unanimous. CC Packet 20110213Page 25 of 225 CC Packet 20110213Page 26 of 225 CC Packet 20110213Page 27 of 225 CC Packet 20110213Page 28 of 225 CC Packet 20110213Page 29 of 225 CC Packet 20110213Page 30 of 225 CC Packet 20110213Page 31 of 225 CC Packet 20110213Page 32 of 225 CC Packet 20110213Page 33 of 225 CC Packet 20110213Page 34 of 225 CC Packet 20110213Page 35 of 225 CC Packet 20110213Page 36 of 225 CC Packet 20110213Page 37 of 225 CC Packet 20110213Page 38 of 225 CC Packet 20110213Page 39 of 225 CC Packet 20110213Page 40 of 225 CC Packet 20110213Page 41 of 225 MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tem Wanda D. Doyle Bill Garbett Frank Schuman, Sr. Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CLERK OF COUNCIL Vivian Woods CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Updated: 1/05/2010 City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 10:00 am the Wednesday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 2/10/2011 Item: Appointments to the Bicycle Friendly Committee (see attached list of members) Explanation: N/A/Budget Line Item Number (if applicable): N/A. Paper Work: x Attached* Already Distributed To be handed out at Council Meeting (by Requester) Audio/Video Presentation** * Thirteen copies for packets must be provided with request. ** Audio/video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Jonathan Lynn Phone /Email: 912-786-4573 ext. 107 jlynn@cityoftybee.org Comments: n/a Date given to Clerk of Council: 2/2/2011 CC Packet 20110213Page 42 of 225 The!Bicycle!Friendly! Community!committee! Member! Michael!Bodine! Gina!Casagrande! Denise!Dubuque! Jonathan!Lynn! Stephen!Palmer! Marie!Rodriquez! Robert!Bryson! Diane!Schleicher! Jan!Leviner! Drew!Wade! Joe!Wilson! Paul!Wolff! Jonathan!Hagan! Dale!Williams! ! CC Packet 20110213Page 43 of 225 MAYOR Jason Buelterman CITY COUNCIL Wanda Doyle, Mayor Pro Tem Charlie R. Brewer Barry Brown Eddie Crone Dick Smith Paul Wolff CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CITY CLERK Vivian Woods CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Updated: 1/15/08 City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 10:00am the Friday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: February 10, 2011 Item: Louis Diaz -WastePro Presentation Regarding Proposal for 96 Gallon Recycling Containers for Residential Recycling and a Proposal for Business Recycling Opportunities on the South End. Explanation: Please place under Invited Guest Reports section of the agenda. ____________________________________________________________________________________ Budget Line Item Number (if applicable): __________________________________________ __________ Paper Work: __ ___ Attached* Already Distributed ___X__ To Be Handed Out at Council Meeting (by Requester) ______ Audio/Video Presentation** * Thirteen copies for packets must be provided with request. ** Audio/video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: D. Schleicher Phone /Email: dsch@cityoftybee.org Comments: ________________________________________________________________________________ Date given to Clerk of Council: 2.2.11 CC Packet 20110213Page 44 of 225 CC Packet 20110213Page 45 of 225 CC Packet 20110213Page 46 of 225 CC Packet 20110213Page 47 of 225 CC Packet 20110213Page 48 of 225 MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tem Wanda D. Doyle Bill Garbett Frank Schuman, Sr. Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CLERK OF COUNCIL Vivian Woods CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Updated: 1/05/2010 City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 10:00 am the Friday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 2/10/2011 Item: Shore Protection Ordinance Review Committee Explanation: An agenda item request for Council to consider and request the appointment of members to a Shore Protection Ordinance Review committee to convene and review the current ordinance and make recommendations for an updated ordinance to Planning Commission and Mayor and Council. At the request of Planning Commission it should at a minimum consist of representative (s) from City Council, Planning Commission, Beach Task Force, Planning and Zoning Manager, and any other members Council would consider necessary during this review process. Budget Line Item Number (if applicable): N/A Paper Work: x Attached* Already Distributed To be handed out at Council Meeting (by Requester) Audio/Video Presentation** * Thirteen copies for packets must be provided with request. ** Audio/video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Jonathan Lynn Phone /Email: 912-786-4573 ext. 107 jlynn@cityoftybee.org Comments: n/a Date given to Clerk of Council: 02/2/2011 CC Packet 20110213Page 49 of 225 CC Packet 20110213Page 50 of 225 CC Packet 20110213Page 94 of 225 CC Packet 20110213Page 95 of 225 CC Packet 20110213Page 96 of 225 CC Packet 20110213Page 97 of 225 CC Packet 20110213Page 98 of 225 CC Packet 20110213Page 99 of 225 CC Packet 20110213Page 100 of 225 CC Packet 20110213Page 101 of 225 CC Packet 20110213Page 102 of 225 CC Packet 20110213Page 103 of 225 CC Packet 20110213Page 104 of 225 CC Packet 20110213Page 105 of 225 CC Packet 20110213Page 106 of 225 CC Packet 20110213Page 107 of 225 CC Packet 20110213Page 108 of 225 CC Packet 20110213Page 109 of 225 CC Packet 20110213Page 110 of 225 CC Packet 20110213Page 111 of 225 CC Packet 20110213Page 112 of 225 CC Packet 20110213Page 113 of 225 CC Packet 20110213Page 114 of 225 CC Packet 20110213Page 115 of 225 CC Packet 20110213Page 116 of 225 CC Packet 20110213Page 117 of 225 CC Packet 20110213Page 118 of 225 CC Packet 20110213Page 119 of 225 CC Packet 20110213Page 120 of 225 CC Packet 20110213Page 121 of 225 CC Packet 20110213Page 122 of 225 CC Packet 20110213Page 123 of 225 CC Packet 20110213Page 124 of 225 CC Packet 20110213Page 125 of 225 CC Packet 20110213Page 126 of 225 CC Packet 20110213Page 127 of 225 CC Packet 20110213Page 128 of 225 CC Packet 20110213Page 129 of 225 CC Packet 20110213Page 130 of 225 CC Packet 20110213Page 131 of 225 CC Packet 20110213Page 132 of 225 CC Packet 20110213Page 133 of 225 CC Packet 20110213Page 134 of 225 CC Packet 20110213Page 135 of 225 CC Packet 20110213Page 136 of 225 CC Packet 20110213Page 137 of 225 CC Packet 20110213Page 138 of 225 CC Packet 20110213Page 139 of 225 CC Packet 20110213Page 140 of 225 CC Packet 20110213Page 141 of 225 CC Packet 20110213Page 142 of 225 CC Packet 20110213Page 143 of 225 CC Packet 20110213Page 144 of 225 CC Packet 20110213Page 145 of 225 CC Packet 20110213Page 146 of 225 CC Packet 20110213Page 147 of 225 CC Packet 20110213Page 148 of 225 CC Packet 20110213Page 149 of 225 CC Packet 20110213Page 150 of 225 CC Packet 20110213Page 151 of 225 CC Packet 20110213Page 155 of 225 CC Packet 20110213Page 156 of 225 CC Packet 20110213Page 157 of 225 CC Packet 20110213Page 158 of 225 CC Packet 20110213Page 159 of 225 CC Packet 20110213Page 160 of 225 CC Packet 20110213Page 161 of 225 CC Packet 20110213Page 162 of 225 February 3, 2011 VIA EMAIL ONLY Vivian Woods City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328-2749 RE: Agenda Items Our File No. 572.14536 Dear Vivian: Please include the Jet Pay agreement on the agenda for the upcoming meeting in follow up to our conversations. I am attaching hereto a clause that I am considering for use on contracts of this nature. It is my intention and hope to get a letter to the Mayor and Council concerning all of this between now and the time of the meeting. I am also attaching two ordinances concerning court fees. I do want to have these on the agenda and hope to have updated information pertaining to them in advance of the actual meeting. I also want to gather additional information on two appropriate amounts and tracking obligations. It is my understanding that the Southside agreement for ambulance service will also be on the agenda. We will of course need an executive session to discuss litigation also. Thank you for your assistance. With kindest regards, I am Very truly yours, Edward M. Hughes EMH/so Attachments cc: Diane Schleicher, via email Robert Bryson, via email CC Packet 20110213Page 163 of 225 MEMORANDUM TO: File FROM: EMH DATE: 01.31.11 RE: JetPay Merchant Agreement Our File No. 572.14536.636 ________________________________________________________________________ The City has executed this document in order to proceed with the transaction; however, certain clauses of the agreement may be inconsistent with Georgia law and possibly invalid. The City makes no representation to the contrary or to the impact of such laws and the contractual terms possibly impacted by provisions of Georgia law. The City does wish to proceed with the transaction. EMH/md CC Packet 20110213Page 164 of 225 CC Packet 20110213Page 165 of 225 CC Packet 20110213Page 166 of 225 CC Packet 20110213Page 167 of 225 CC Packet 20110213Page 168 of 225 MAYOR Jason Buelterman CITY COUNCIL Shirley Sessions, Mayor Pro Tem Wanda D. Doyle Bill Garbett Frank Schuman, Sr. Kathryn Williams Paul Wolff CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CLERK OF COUNCIL Vivian Woods CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Updated: 1/05/2010 City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 10:00 am the Friday prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 2/10/2011 Item: Tybee Island Bike Plan. Explanation: Review and 2011 adoption of the Tybee Island Bike Plan as part of the application for Bicycle Friendly Community. Tybee received an Honorable Mention during the 2010 application process. Budget Line Item Number (if applicable): N/A Paper Work: x Attached* Already Distributed To be handed out at Council Meeting (by Requester) Audio/Video Presentation** * Thirteen copies for packets must be provided with request. ** Audio/video presentation must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: Jonathan Lynn Phone /Email: 912-786-4573 ext. 107 jlynn@cityoftybee.org Comments: Request a formal vote at the Council meeting to recognize this plan for this year, 2011. Date given to Clerk of Council: 02/2/2011 CC Packet 20110213Page 169 of 225 City of Tybee Island Bike Plan 2011 1 | P a g e 1. INTRODUCTION PURPOSE The purpose of the Bike Plan for the City of Tybee Island is to improve and encourage bicycle transportation within the City Limits. It is being constructed to develop and promote and comprehensive system of bikeways and facilities. This is Tybee Island’s first adopted Bicycle Plan and will serve as an important tool in providing current and future policies and proposals that will mold and conform bicycle facilities and guide bicycle planning activities within the City. The City of Tybee Island was fortunate to receive an Honorable Mention from the League of American Cyclists in 2010. During 2011, the City of Tybee Island will continue to strive for higher designations through further implementation of Bike Plan and other areas of improvements. BICYCLING AND TYBEE ISLAND With rising concerns regarding fuel prices and sedentary lifestyles, bicycling offers a clean, economic, and healthy transportation mode. Tybee Island with a mild climate, strong sense of community lifestyle, compact location, and smooth terrain is an ideal location for the enhancement of bicycling. Through the implementation of this plan, Tybee Island residents and visitors will have access to a safe and well maintained network of bikeways, which link to important destinations on the Island. THE PLANNING PROCESS This plan has been developed by the Bicycle Committee for the City of Tybee Island, which includes representatives from city personnel, public safety, community groups, and citizens. The process for development of this plan involved identifying problems and proposing a vision, goals, objectives, and policies. There have been three key elements that have been identified to address within the initial Bike Plan for the City of Tybee Island. Throughout this planning document these areas will be: • The Tybee Island Bicycle Network • Bicycle Parking on Tybee Island • Bicycle Safety, Education, and Outreach. POLICY FRAMEWORK AND PRIORITIZATION The policy framework provides the basis for planning bicycle facilities and to encourage and promote the safe usage of bicycles throughout Tybee Island. The policies will address network improvements, parking, facilities, promotion, and education for biking through the city. The CC Packet 20110213Page 170 of 225 City of Tybee Island Bike Plan 2011 2 | P a g e goals that can be found throughout this plan reflect the City of Tybee Island’s ongoing commitment to making Tybee Island a bicycle friendly city and increasing the transportation options for the visitors and residents of Tybee Island. The Plan provides the model for the city to furnish the facilities and promotion needed to advance bicycling as a truly viable transportation alternative. With the creation of this Plan and coordination with the Tybee Island Master Plan, efforts towards a multi-use transportation network throughout Tybee Island will be furthered. The prioritization of projects and facility improvements will provide City staff with a defined set of goals to be completed as financing becomes available. It is intended for these goals to be reviewed, evaluated, and amended on an annual basis, along with any other areas of this plan as deemed necessary by City Council and/or City staff. SETTING The City of Tybee Island is located along the eastern portion of Chatham County with the eastern boundary of the City being the Atlantic Ocean. Tybee Island’s natural surroundings attract thousands of people for recreation and relaxation on a monthly basis throughout the year. The largest increase of visitors to Tybee Island occurs between the months of May and September each year, which is generally the heavy tourist season throughout the region. Tybee Island is a municipality located within a 2.56 square mile area and has a residential population of 3,732, according to the 2006 U.S. Census update. With the favorable climate, flat terrain, family-oriented lifestyle, compact location, and the convenient proximity to a larger urban area, Tybee Island is an ideal location for bicycling. Land Use Tybee Island has as much of a rural and small town feel as can be found in a beach community. However, the city has done a tremendous job in fostering and managing growth for the area to such an extent as still not reaching the carrying capacity for the area. However, as time has gone on, the needs for the island and the carrying capacity are becoming closer and closer. The city has taken measures, through its Land Development Code, to encourage mixed-use developments, encourage conservation easements for the preservation of the natural areas of the island, undertaken measures to improve drainage concerns for the island, and funded studies to find solutions for alleviating several concerns on the island: parking, littering, healthiness of the beach, and streetscape improvements. In 2009, Tybee Island was named “America’s Healthiest Beach” by Health magazine. Demographics Commuting patterns and the City’s transportation options are not in line with each other at the present time. There is no public modal transportation option that enters or exits Tybee Island for CC Packet 20110213Page 171 of 225 City of Tybee Island Bike Plan 2011 3 | P a g e those that live on the island and work off or vice versa. Just to be specific modal transportation refers to walking, bicycling, driving, or taking public transportation. Essentially, it refers to available and common transportation options. While commuting to the Island is not a feasible alternative to some, the promotion of cycling throughout Tybee Island certainly is. According the 2000 US Census, as seen in Table 1, only 3.3% of the population of the United States walked or biked to work in 2000 with an additional 16.9% either using public transportation or carpooling. In comparison, the State of Georgia figures for cycling were less as a percentage than the national average. Even with such a small population, Tybee Island residents (1.3%) are cycling at a rate three times the national average (0.4%). This demonstrates the importance of a bicycle network and safety measures to ensure that cyclists are receiving as much attention as fellow motorists. Table 1-2000 Modal Split in the United States, State of Georgia, and City of Tybee Island Mode U.S. Georgia Tybee Island Bicycle 0.4% 0.1% 1.3% Drove Alone 75.7% 77.5% 83.7% Carpool 12.2% 14.5% 8.3% Public Transit 4.7% 2.3% 0.2% Walked 2.9% 1.7% 1.7% Other 4.1% 3.8% 4.8% Source: U.S. Census 2000 www.census.gov CC Packet 20110213Page 172 of 225 City of Tybee Island Bike Plan 2011 4 | P a g e 2. THE TYBEE ISLAND BICYCLE NETWORK GOAL Expansion of a well connected and comprehensive bicycle network. OBJECTIVES Provide safe spaces for bicycling through a comprehensive network of bikeways and routes that are appropriately signed and marked for both cyclists and motorists. The facilities should include on-street routes, marked bicycle lanes where possible, and multi-use trails through unimproved areas of the Tybee Island network of roads. POLICIES Keys to Implementation 1) Additional bikeways will be established while incorporating future and current routes within an overall network. 2) The Department of Public Works will continue to maintain a weekly sweeping schedule and provide any maintenance required for the bikeways. 3) Bicycle projects will be incorporated into the Capital Improvements Plan (CIP). 4) They City will provide adequate access to all schools, recreation facilities, and potential transit stops in the future event of the location of public transportation to Tybee Island. 5) Integrate residential and commercial areas of the island in the plan. 6) Interconnecting existing resources will be a top priority for all future improvements in the bike network. 7) The plan will continue to encourage bicycle networks to be located on minor streets while intersecting major and collector streets only at necessary junctures. Estimated Cost: $65,000 The expansion of the bicycle network can be done for less than $15,000 as the requirements for such will fall on city staff for the designation and information. The costs for this will lie within the creation and implementation of additional signage for designations of future areas of the bicycle network and the printing of educational materials for the public detailing the bike routes and their respective locations. A majority of the remaining costs of $50,000 would be incurred with the improvements made to the existing trail through Memorial Park on Tybee Island. The existing designated bicycle routes are currently shown in the Tybee Island Bicycling Guide, which is included as “Appendix A” in this plan. This guide is available at City Hall and can be found on the City’s website at http://www.cityoftybee.org/Assets/Files/BikeBrochure.pdf. CC Packet 20110213Page 173 of 225 City of Tybee Island Bike Plan 2011 5 | P a g e Figure 1. Existing Tybee Island Bicycle Network CC Packet 20110213Page 174 of 225 City of Tybee Island Bike Plan 2011 6 | P a g e 3. BICYCLE PARKING ON TYBEE ISLAND GOAL Increase and ensure plentiful bicycle parking of the highest possible quality. OBJECTIVE Provide adequate and aesthetically pleasing short and long-term end of trip bicycling parking throughout the island. ACCOMODATING BICYCLISTS In order to properly accommodate and encourage the use of bicycling, secure and convenient bicycle parking facilities must be available at all convenient locations throughout Tybee Island. There are two types of bicycle parking that will need to be addressed: • Short-term parking – This is the manner of bicycle parking meant to accommodate visitors, retail patrons, messengers, bicycle delivery users, and others that will typically only remain their locations for a maximum of two hours. This requires the strategic placement of standard bike racks. • Long-term parking – Bicycle parking meant to accommodate employees, students, residents, potential commuters, and others that are expected to park for longer than two hours as that will be the ideal threshold for short-term parking. Currently, the there are no long-term parking options for cyclists provided by the City of Tybee Island in a public capacity. There may be some businesses that provide this type of service for their employees but it is not open to the public. The City of Tybee Island does provide public bike racks throughout the city and are they are located strategically in such areas as shopping hubs, heavily trafficked beach entry locations, City Hall, and at the YMCA recreation center to name a few. While it is acknowledged that there are currently not enough of these racks, future acquisitions are being budgeted. POLICIES Keys to Implementation 1) For short term parking, the city shall encourage the continued use of the inverted  U racks as shown below. CC Packet 20110213Page 175 of 225 City of Tybee Island Bike Plan 2011 7 | P a g e 2) Inverted  U racks will be located on sidewalks for short-term parking and placed as close as allowed to the curb under the ordinances of Tybee Island. 3) Explore the potential location for long-term parking facility at major areas of employment and public facilities. 4) Implement a bike rack donation program where a rack can be donated to the city and be affixed with a plaque recognizing the donor of that rack. Attempts will be made, if a business, to locate the rack in the closest proximity to the business as possible. 5) Create an amendment to the parking regulations of the Land Development Code to allow for certain numbers of bicycle parking spaces on private parking to substitute for offstrree parking required by the ordinance. Estimated Cost: $50,000 The addition of parking facilities for cyclists on Tybee will be a hard cost that will require a budgeted item. The cost of the bike racks and placement of those racks will be the majority of the costs associated with increasing the parking for bicycles on Tybee. However, if the city wishes to pursue placement of bicycle lockers on the island, the cost will increase as they range upwards of $4,000 for a locker that parks two bikes. At the time, the City will continue to focus on short-term parking options in hopes that the need will be met through the increase in bicycle parking racks in strategic locations. CC Packet 20110213Page 176 of 225 City of Tybee Island Bike Plan 2011 8 | P a g e 4. BICYCLE SAFETY, EDUCATION, AND OUTREACH ON TYBEE ISLAND GOAL Educate school age children and the general public about bicycle safety both on Tybee Island and when cycling in other locations as well. OBJECTIVE Create and conduct annual or more frequent new and existing education programs that promote bicycle safety for all age groups on the island. BICYCLE SAFETY AND EDUCATION PROGRAMS Educational programs for bicycling are an integral part of bicycle safety. As typical accident data reveals, most collisions occur due to negligence of the cyclist, driver, or both. Therefore, a greater effort needs to be made to ensure that motorists are educated on cyclists and cyclists are educated on motorists. In the State of Georgia, cyclists must obey the same laws that apply to motorists. Safety education programs for schools and the community provide an essential foundation for bicycle safety by informing cyclists of their rights and responsibilities as a moving vehicle. Schools should be encouraged to continue their bicycle safety presentations and if they see the need increase the frequency of such presentations. These presentations are given by a member of the Tybee Island Police Department. Bicycle events not only increase safety awareness and bicycle usage, but also provide community-oriented activities that build community character and pride. While current programs, such as the police department s educational program, provide much needed in-school bicycle safety awareness, cycling events in the community, sponsored by local businesses and civic organizations, can teach both children and adults about the benefits of safe cycling. Current Programs available to Tybee Island Tybee to Savannah Bike Ride This is the annual bike ride held in November of each year and sponsored by the Savannah Bicycle Campaign where cyclists begin their 23 mile journey on Tybee Island and end in downtown Savannah. The 2009 event drew 160 riders and is a tremendous way to promote cycling in the region. City of Tybee Island Police Department Programs The Tybee Island Police Department conducts various training courses at the local school on Tybee Island throughout the school year. They also coordinate with the school to enforce the helmet law that requires students to wear their helmet when using their bicycles. In addition, CC Packet 20110213Page 177 of 225 City of Tybee Island Bike Plan 2011 9 | P a g e there are efforts currently underway with the police department to increase the frequency of events such as bike rodeos and increasing the amount of uniformed patrol on bicycles during special events on the island. These events are not only useful in teaching safe practices while cycling, but can also be fun for the entire community. The most recent event involved the Tybee Island Police Department holding a Helmet Fitting class with their respective officers and city staff members on proper helmet fitting techniques for both adults and children. This class took place on January 25, 2011 at the Tybee Island Police Department. Helmet Campaigns The Tybee Island YMCA has conducted programs where they pass out free helmets to those that stop in and request one during their operating hours. This program will be a continual effort to ensure cyclists on the island are abiding to the safety requirements set forth by the State of Georgia. Bike to Work Week/Month Proclamations The City of Tybee Island annually promotes these series of events that are organized by the city and community members. There is an effort to increase the cycling on the island through these designated time frames as established by full support and proclamation of the Mayor and City Council of Tybee Island. The City of Tybee Island will continue to promote and recognize through proclamations Bike to Work Week and National Bicycle Month. POLICIES Keys to Implementation 1) Work with local community organizations to ensure that they are educating their members on bicycle safety and request their participation in educational efforts for the island. 2) Update and distribute educational brochures (See Appendix A) that promote safe cycling on Tybee Island and also providing a map of the designated safe bike routes. 3) Provide bicycle information via the City of Tybee Island website, www.cityoftybee.org and promote bicycle safety programs through the social networking feeds that are in use via the City of Tybee Island, Facebook and Twitter. 4) Utilize the Bike to Work Week and National Bike Month proclamations to show the City s commitment to these efforts by having city staff and elected officials utilize the bicycle network for conducting of routine business of the city during those times. 5) Work with the local business community in order to reach guests of the island during the high tourist season that might not have received any education of these practices for the island. In addition, ensure that each business which requests copies of the Tybee Island Bicycle Safety Guide understands that they will be able to customize this brochure to include the name and logo for their specific business. This will facilitate a public-private partnership in the community. 6) The City of Tybee Island must continue to update and maintain the devoted section of the city s website aimed at bicycling on Tybee Island. CC Packet 20110213Page 178 of 225 City of Tybee Island Bike Plan 2011 10 | P a g e 7) The city must coordinate with organizations such as Better Hometown, Tybee Island Tourism Council, and other groups with a strong business presence to spread information concerning training opportunities and efforts that are undertaken by the city in regarding cycling on the island. Estimated Cost: $15,000 The costs for the education and outreach portions of this Bike Plan are geared at promoting cycling safety on the island. These funds will be used to print and distribute materials explaining all aspects of Tybee s bicycle program. In addition, the utilization of Tybee Island Police Department will allow for the state of the art safety equipment available for cyclists to be utilized in order to maintain safety while cycling. The city should work with the YMCA to ensure that their free helmet program is continued. CC Packet 20110213Page 179 of 225 City of Tybee Island Bike Plan 2011 11 | P a g e Appendix A: Tybee Bicycle Safety Guide CC Packet 20110213Page 180 of 225 City of Tybee Island Bike Plan 2011 12 | P a g e Appendix B: Land Use Map CC Packet 20110213Page 181 of 225 City of Tybee Island Bike Plan 2011 13 | P a g e CC Packet 20110213Page 182 of 225 1 CITY OF TYBEE ISLAND, GEORGIA LAND DEVELOPMENT CODE ARTICLE 3 GENERAL PROVISIONS Section 3-010 Zoning affects every structure and use. 3-020 Continuance of nonconforming uses/structures. 3-030 Reduction in lot area. 3-040 Substandard lots of record. 3-050 Obstruction to visions at street intersections. 3-060 Bed and breakfast regulations. 3-070 Permissible structures per lot /Accessory structures. 3-080 Off-street parking requirements. 3-090 Schedule of development regulations. 3-100 Beach, dune or vegetation disturbance. 3-110 Single-family residential standards /Manufactured home standards /Recreational vehicle standards. 3-120 Access to public street required. 3-130 Buildings Structures to be moved. 3-140 Unsafe Buildings structures. 3-150 Prohibited uses in residential districts. 3-160 Protective screening of adjacent residential property. 3-165 Greenspace. 3-170 Home occupations and home business offices. 3-180 Satellite receiving dish antenna. 3-190 Swimming pool requirements and placement. 3-200 Decks, patios, and carports and patios. 3-210 Child day care facilities. 3-220 Amusement parks. 3-230 Turtle nesting protection. 3-240 Wetlands protection. 3-250 Private Parking Lots Sec. 3-010. Zoning affects every structure and use. Except as otherwise provided, no structure or land shall be used and no structures or part thereof shall be erected, altered or moved unless in conformity with the regulations herein specified for the district to which that structure or land is located. (Ord. Correction to dates, amended 4-14-2005) Sec. 3-020. Continuance of nonconforming uses/structures. A. Any structure or use existing at the time of the enactment of the ordinance, March 24, 1971, from which this Land Development Code is derived or an amendment to this Land Development Code, although that structure or use does not conform to the provisions hereof, may be continued as a nonconforming use or structure and structural repairs may be made to any such nonconforming structure, provided however, no such nonconforming use or structure shall in any way be expanded or extended and all work meets all applicable building, state, and federal regulations. Whenever a nonconforming structure or use of structure becomes vacant or remains unoccupied owing to abandonment or discontinuance for a period of six months, such structure or use shall thereafter be made to conform to the provisions of this Land Development Code. Any nonconforming structure or use which is damaged by fire, flood, hurricane, explosion, earthquake, war, riot, or any act of God, may be restored, CC Packet 20110213Page 183 of 225 2 reconstructed and continued as the same nonconforming use and structure as existed before such damage, provided however, that a building permit to initiate restoration must be obtained within six months of the occurrence of damage, and if no such permit is obtained then only a conforming use or structure will be allowed upon the property. Provided further however, that the mayor and council may grant an extension of this six-month period in their discretion. (Sec. 3-020, sentence that begins  Any nonconforming structure&  I think we should add something like  & unless the damage exceeds 50% of the replacement cost. If the damage is greater than 50% of the replacement cost, then the structure must be brought into full conformance to the end of this statement. The 50% rule is used elsewhere in this article. It seems reasonable to me that it should apply under these circumstances too instead of perpetuating nonconforming uses forever. Our goal should be to bring everything into conformance over the very long long haul.) B. Any residentially used nonconforming structure may be demolished and rebuild rebuilt only if the rebuilt structure will be contained within the same nonconforming ground footprint as existed before demolition; such new structure will maintain the historic character and substance of the pre-existing structure; and the new structure will not exceed the square footage of the prior structure by more than 50 percent. See also Section 5-090(E). (Same section, last paragraph/sentence. I can see two reasons for demolition: (1) as a result of damage and (2) voluntary demo to replace a small structure with a nicer, larger one. I believe if the demo is voluntary, then the new structure should be made to conform. See #1above for my thoughts on demo related to damage.) C. A nonconforming commercially used structure in a residential zone may not be extended or expanded physically and the nonconforming use may not be expanded or increased. No variance may be granted to the terms of this subsection. (Ord. Correction to dates, amended 4-14-2005; Ord. No. 2005-04, amended 4-14-2005) Sec. 3-080. Off-street parking requirements. (A) In all zoning districts handicapped parking shall be provided as required by the Georgia Title 30 Accessibility Code. (B) Residential district parking requirements and residential off-street vehicle parking requirements. Off-street parking facilities shall be provided and maintained on site or within 400 feet of the site for all buildings, structures or premises being used in whole or in part for residential purposes, or for any other use permitted in residential districts. (1) Residential dwelling units. For every dwelling unit there shall be provided at least two off-street parking spaces. A caretaker s cottage is a separate dwelling unit and shall be provided at least two off-street parking spaces. (2) Nursing homes, hospitals. One parking space for each five patient beds plus one space for each staff doctor, plus one space for each employee on the largest shift. (3) Theaters, auditoriums, gymnasiums and other places of assembly. One parking space for each four seats provided in the main auditorium or for each 50 square feet of floor area available for the accommodation of movable seats in the largest assembly room or area. CC Packet 20110213Page 184 of 225 3 (4) Public and private elementary and secondary schools (except assembly halls, auditoriums and gymnasium used in conjunction therewith). One parking space for each 200 square feet of gross floor area devoted to such use. (5) Private Docks. At least two off-street parking spaces must be provided for any private dock proposed for construction on a lot that has not been otherwise improved. In the event that a private dock is proposed on a lot that has not been improved, the parking must be off-street (not on City right-of-way) and pervious. (page 6, Section 3-080, paragraph (B) (5) regarding private docks: Should we add a requirement that there will be no parking in the marsh or in the buffer between the road or street and the marsh.) (C) Control of access to structures used for residential purposes including but not limited to single family, duplex, triplex, two family, multifamily, townhomes, apartments, time shares, and condominiums whether owner occupied or held for rental. In order to promote the safety of motorists and pedestrians, the following regulations shall apply: (1) A driveway opening which connects a lot with a public street shall not be greater than 25 feet in width at the property line. Driveways that serve duplex lots shall not have a width greater than 15 feet per unit measured at the property line. This ordinance is not intended to prevent the installation of flared driveway ends. These flared ends, when constructed in accordance with adopted standards and specifications, shall not count towards the width of the driveway. (2) There shall be no more than two driveway openings on any lot of any width. Two driveway openings on a corner lot shall be located on the same side of the lot The total of the widths at the property line of two driveway openings shall not be greater than 25 feet. (3) Two driveway openings shall not be closer than 50 feet from each other on the same lot. (3) No driveway opening shall be constructed within 25 feet of an intersection, measuring from the nearest improved portion of the right of way. However, in any instance where there is not adequate space available and other access is not feasible, staff may permit a reduction in the distance to an intersection from a driveway in order to permit safe access to the property. (Sec. 3-080(C)(3), at the end of the paragraph I think we need to make some sort of qualifier for higher speed areas such as  & unless the property is located on a street with posted speed limit of 30 mph or more. ) (4) No curb on any city street or right-of-way shall be cut or otherwise altered without prior written approval of the designated city official. (5) All newly constructed driveways serving residential units shall be constructed of pervious materials, including, but not limited to gravel, crushed coral, oyster shells, pervious concrete, and the like designed to manage stormwater through the prevention of flooding and the degradation of water quality related to stormwater runoff and soil erosion. The Designated city official shall approve all porous materials used for single-family residences. Replacement of 50% or more of an existing driveway will result in the driveway being treated as new construction. All permit applications for pervious driveways will be accompanied by certification from the design professional that the paving material will accommodate, at a minimum, a 25-year 24-hour storm for the area of the driveway. All permit applications for pervious driveways will be accompanied by a maintenance schedule signed and acknowledged by the property owner. (D) Commercial off-street parking. Off-street parking facilities shall be provided and maintained for all structures or premises being occupied or used in whole or in part for commercial activity as follows: CC Packet 20110213Page 185 of 225 4 (1) One parking space per each 200 square feet of retail or commercial gross leasable floor area. Compact parking spaces are permitted; however, compact parking spaces shall not comprise more than 2 0% of the required parking. A rack able to accommodate five (5) bicycles may be substituted for one (1) required parking space. (2) With the submission of an application for a business license for either a new business or a business that has expanded the occupancy load of the principle structure, changed use, or created additional occupant loads through other structures where permitting has been required by the City, a parking plan must be submitted with the application for approval by the designated City Department. If the plan represents significant changes in parking, the plan may be determined to require site plan approval by the Mayor and council. (3) Restaurants, nightclubs, beer parlors and similar establishments shall provide one parking space for each four seats based on a maximum seating capacity of 15 square feet per person plus one space for each two employees. Maximum seating capacity is calculated on the entire seating square footage including outdoor seating area. (4) Hotels, motels: one parking space for each room to be rented (a) One parking space for each guest unit without a kitchen facility. (b) Two parking spaces for each guest unit with a kitchen facility. (Sec 3-080(D)(4)  It doesn t seem to me that relating parking space requirements to kitchen facilities is the correct criterion. I recommend the relation be between number of sleeping accommodations and parking requirements. If your argument against this is people will sleep all over the place including the floor, then add an additional criterion that supplements beds with floor area, like  one parking space for each sleeping accommodation + one additional parking space per 60 square feet of carpeted floor area not occupied by sleeping accommodations. ) (c) Two parking spaces for each manager s unit. (d) One parking space per each 200 square feet of retail or commercial gross leasable floor area. (e) Accessory uses such as restaurants, nightclubs, meeting rooms, or similar uses shall require one parking space for each four seats based on a maximum seating capacity of 15 square feet per person. Maximum seating capacity is calculated on the entire seating square footage including outdoor seating area. (f) One parking space for every two employees. (g) One designated delivery/loading zone. (h) Recreational vehicle overnight connection facilities are prohibited. (5) Maritime district: (a) Parking shall be in conformance with required dimensions and off-street requirements of the C-1 zoning district as referenced in this section. (b) Handicapped parking shall be available and accessible. (b) Dock operators must provide one parking space for every 20 linear feet of each side of dock designated for recreational boaters. Docks leased to commercial boats must allow for one space per boat, plus one space per crew and one space per each four seats for charter passengers. CC Packet 20110213Page 186 of 225 5 (c) All parking in the maritime district that involves loading, unloading, and transporting of boats will require a parking plan submitted to the City detailing the turn radii required for each in order to be reviewed by city staff. (E) Off-street parking dimensions. TABLE INSET: Off-Street Parking Dimensions Standard Compact Aisle Width Parking Angle Traffic Direction 8�22 feet 8�20 feet 12 feet parallel one-way 8�22 feet 8�20 feet 24 feet parallel two-way 9�18 feet 8�16 feet 13 15 feet 45 degrees one-way 9�18 feet 8�16 feet 18 feet 60 degrees one-way 9�18 feet 8�16 feet 24 feet 60 degrees two-way * 9�18 feet 8�16 feet 22 feet 75 degrees one-way 9�18 feet 8�16 feet 24 feet 90 degrees one-way or two-way * All two-way aisles to have a 24 foot minimum width to provide for two 12-foot lane (F) Exemptions from off-street parking requirements. (1) Existing structures with 2,000 square feet or less of floor area that exist in a C-1 zoning district may expand the floor area up to 4,000 square feet without having having to meet the off-street parking requirements as long as the structure is completely located within 1,000 feet of a municipal parking lot. (2) All churches or places of religious worship shall be exempt from all off-street parking requirements. (Ord. No. 2000-08, 2-11-2000; Ord. No. 1995-17, 12-7-1995; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2004-12, amended 1-31-2005; Ord. No. 2004-10, amended 10-12-2004; Ord. No. 2004-10, amended 6-10-2004; Ord. No. 2000-08, 5-24-2000; Manual, amended 11-10-1999; Ord. of 1-12-2006) Sec. 3-090. Schedule of development regulations. * A. Schedule of residential district dimensional requirements. TABLE INSET: Zoning Districts Minimum Lot Area (square feet) Minimum Setback Distance (feet) Maximum Structure Height Limit (feet) -Single-Two-Multi Front Rear Side -CC Packet 20110213Page 187 of 225 6 60 60 60 60 A 90 B C D E 200 200 side front 60 60 F G stree Family Family Family R-1 12,000 Not permitted Not permitted 20 20 10 35 R-1-B 6,600 Not permitted Not permitted 20 10 10 35 R-2 4,500 6,750 Not permitted 20 10 10 35 M-D 4,500 Not permitted 6,750 Not Permitted Not Permitted 20 10 10 35 C-MD --8,000 Buildable to 80% of the property 20 10 10 35 R-T 7,000 8,000 8,000 buildable to 80% of the property exclusive of the setbacks 20 20 10 35 (1) In the event of detached duplexes, the minimum lot size shall be 9,000 square feet and there shall be separation of open space of 20 feet between the closest points of the combined dwelling units. Further, all other setback requirements apply. (1) In any residential district (R-1, R-1-B, R-2 and RT) where the average front setback distance for existing structures on all lots located wholly or partly within 200 feet to each side of any lot, and within the same zoning district and fronting on the same side of the same street and on the same block as such lot, is less than the minimum setback required in such zoning district, the front setback on such lot may be less than the required setback but not less than the existing average setback distance for all lots within 200 feet to each side, provided that in no case shall the front setback on new construction be less than ten feet. When lots within 200 feet on each side are vacant such vacant lots shall be considered as having the minimum required setback for the purpose of computing an average setback distance. When existing structures on lots within 200 feet on each side exceed the minimum front setback required in such zoning district, the required setback shall be used for the purpose of computing an average setback distance. See illustration and table for visual clarification. B. Schedule of commercial district dimensional requirements. A 18 A 18 B 20 B 20 C 16 C 16 E 14 E 16 F 20 F 20 G N/A G N/A 178 � 10 = 17.8 front setback allowed on Lot D Vaca nt R-2 lot CC Packet 20110213Page 188 of 225 7 Municipal Code Chapter 26, Article III, Fire Prevention Code, applies to all districts. See Section 26-70 for requirements for all structures closer than ten feet (measured from closest point of structure) from property lines and multiple structures on a single lot. TABLE INSET *: **Zone Minimum Lot Area (square feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Structure Heights C-1(A)*** 0 None required except 25 15 feet if bordering residential use. None required except 25 15 feet if bordering residential use. 35 C-1(B) 8 6 5 35 C-1(C) 1,125 per unit 20 10 10 35 C-2 10 6 6 35 M-D 20 10 10 35 TBR 20 10 10 35 * Notwithstanding the table above, when abutting public streets, any principle building structure shall be located no nearer than five feet to that lot line. ** Where a commercial establishment abuts a residential use a suitable screen will be required. See Section 3-160. This screen shall be either natural (planting) or manmade and shall be required. This screen shall be either natural (planting) or man-made and shall be maintained in good order and approved by the Designated city official. Minimum height is six feet. *** C-1(A) Retail uses and food/beverage service uses. C-1(B) Hotel and motel uses, with 80 percent maximum lot coverage. C-1(C) Residential uses, including single-family, two-family, and multi family (triplexes, quadraplexes, townhomes, apartments, tourist homes, condominiums, timeshares, and similar uses), bed and breakfast uses, and public structures. D. Buildings Structures above 35 feet. If a variance is granted by the mayor and council for a structure with a height in excess of 35 feet, in no event shall a building permit be granted without the following restrictions: (Sec. 3-090(C), recommend adding a para (3) that states something like  The portion of the structure above 35 must not create a visual block to neighboring structures. If it proves to be a visual block after completion, it will have to be removed. ) C. (1) Structures greater than 35 feet in height shall be fully equipped with fire safe guards consisting of sprinkler systems, smoke detectors and any other fire protection measures deemed necessary at the time by the mayor and council. CC Packet 20110213Page 189 of 225 8 (2) Before a permit can be granted on said request, an affidavit of the builder and owner must be executed agreeing to same to be completed within an agreed upon reasonable time. (Ord. No. 1995, 12-7-1995; Ord. No. 2002-6, 4-11-2002; Ord. No. 1995-17, 12-7-1995; Ord. No. 2003-01, 1-9-2003; Ord. No. 1990-09, 4-22-1999; Ord. No. 2000-12, amended 2-11-2000; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2002-01 JOY, amended 2-5-2003; Ord. No. 2002-06, amended 5-15-2002; 3-090, amended 3-20-2001, RT-deleted in error and is re-instated by Jackie Brown 3-20-2001; Ord. No. 2000-12, amended 5-24-2000; Ord. No. 1999-, amended 12-17-1999; Manual, amended 11-10-1999; Manual, amended 10-20-1999, Corrected prior update errors; Ord. No. 1999-09, amended 5-24-1999; Ord. of 1-26-2006(2)) Sec. 3-100. Beach, dune or vegetation disturbance. It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon in the area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act (O.C.G.A. 12-5-230, et seq.) without having first obtained the proper federal, state, and local permits. (page 11, Section 3-100 first paragraph: Should we add a requirement for Special Review as defined in Section 5-070 before any permit to  damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon is granted?) Within any area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act (O.C.G.A. 12-5-230, et seq.), there shall be a ten (10) foot setback measured from the landward toe of the landward-most dune as delineated by the Georgia Department of Natural Resources. (page 11, Section 3-100 second paragraph: Should we define this 10 foot setback as a “no build” zone, from which there will be no permits or variances granted.) (Ord. Correction to dates, amended 4-14-2005; Ord. 04-2009 enacted 04-23-2009) Sec. 3-110. Single-family residential standards /Manufactured home standards /Recreational vehicle standards. 1. All single-family residences, whether site built or manufactured housing, must meet the following standards: (Sec. 3-110, should manufactured homes be allowed only in certain areas? Do we need a special zoning classification for them? Many citizens often think they are not of the same quality as site built homes, detract from the aesthetics of a residential area, and devalue their property.) (A) Structure and design standards. (1) Corrugated metal or plastic panels are prohibited as roofing materials. (2) The exterior wall shall be material similar to traditional site-built housing. These materials may include clapboards, simulated clapboards such as conventional vinyl or metal siding over a minimum covering of onehaal inch exterior wood sheathing, wood shingles, shakes, stucco, brick, brick veneer, concrete block, or similar materials, but shall not include smooth, ribbed or corrugated metal or plastic panels. (3) The minimum width of the horizontal dimension of the unit as installed on the site shall be 24 feet. (4) All structures must meet wind-loading requirements of federal emergency management administrator and the SBCCI Codes. (B) Manufactured home safety standards. For the purposes of public safety, all manufactured homes or other such forms of modular or manufactured housing are subject to the following requirements. CC Packet 20110213Page 190 of 225 9 (1) Manufactured home stand requirements. Prior to the issuance of a manufactured home relocation permit the owner of the parcel or lot for which the manufactured home is to be placed must have an approved manufactured home stand. Such stand must have the following: (a) Street access. Each manufactured home stand shall be provided with access frontage to a width of at least 30 feet to a public or private street or road. (b) Electric power supply. Each manufactured home stand shall be provided with an adequate, properly grounded, waterproofed electrical receptacle with a minimum rated capacity of 100 amps. A properly sized over current device shall be installed as a part of each power outlet. (c) Sewage disposal. Each manufactured home stand shall be provided with the means of disposing of kitchen, bath, and putrescible waste directly into a properly installed and inspected septic tank system or an approved community sewerage collection system. (d) Water Service Connection. Each manufactured home stand shall be provided with the means of connecting and being serviced by municipal water service. (2) Manufactured home development in flood hazard areas. Due to the danger of placing a manufactured home in a flood hazard area the following anchor requirements are required if a manufactured home is placed on a lot which is located in or adjacent to a flood hazard area as described by the Federal Emergency Management Association. TABLE INSET: Length of Manufactured Home (not including draw bar) Minimum Number of Vertical Ties Minimum Number of Diagonal Ties Number of Required Anchors per Home 0--40 feet 2 4 8 41--60 feet 3 6 12 61--84 feet 4 8 16 This table is based on a minimum working load per tie of 3,150 pounds with a 50 percent overload (4,725 pounds total). (a) Multiple-wide manufactured homes shall only be required to have diagonal ties and anchors in accordance with the chart above unless the manufacturer’s installation instructions require more. (b) Single section manufactured homes shall have diagonal and vertical ties and anchors in accordance with the chart above unless manufacturer's instructions require more. (3) All principle structures shall be placed on a permanent foundation. For the purposes of this section, a permanent foundation shall mean a concrete slab, concrete footers, foundation wall, pilings or post construction which complies with the city building code. (4) Manufactured home siding, stairs, and foundation requirements: CC Packet 20110213Page 191 of 225 10 (a) All manufactured homes shall have siding materials consisting of wood, masonry, concrete, stucco, masonite, or metal lap. The exterior siding material shall extend to ground level except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation. (b) Skirting and/or siding must be in place within 45 days from the date the relocation permit is issued. (c) Stairs and landings shall comply with sSection 112 -stairway construction of the state building code and must adhere to the following: (i) The height of the riser shall not exceed 7 3/4 inches, and treads, exclusive of nosing shall not be less than nine inches wide. (ii) Every tread less than ten inches wide shall have a nosing, or effective protection, of approximately one inch over the level immediately below that tread. (iii) The width of the landing shall not be less than the width of the stairways they serve. (iv) Every landing shall have a minimum dimension measured in in the direction of travel equal to the width of the stairway. Such dimension need not exceed four feet when the stair has a straight run. (v) All stairways having treads located more than three risers above a floor or grade shall be equipped with a handrail not less than 30 nor more than 34 inches above the leading edge of the tread. (vi) The minimum width of any stair serving as a means of egress shall be a minimum of 36 inches. (vii) If handicapped ramps are added they must be at least three feet wide and the slope of the ramp shall not exceed one foot for every 12 feet. (5) Foundation requirements on all manufactured homes are as follows: (a) Supports or piers shall not be more than two feet from the exterior end wall. (b) All grass and organic material shall be removed and the foundation must be placed on stable soil. (c) Crossover wires must be placed between the two halves. (d) All nails or staples shall be removed or sealed. (e) Dryer vents must be vented to the exterior of the manufactured home; not underneath. (f) In no case shall wheels, any undercarriage or transporter unit be left on any structure. (6) Manufactured home additions and auxiliary structures. Any significant feature added to a manufactured home that was not part of the manufacturer's original design is considered to be either an addition or an auxiliary structure. (a) All habitable spaces added to the manufactured home shall be constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act or within the provisions of the state building codes. CC Packet 20110213Page 192 of 225 11 (b) All auxiliary structures (such as porches, decks, awnings, cabanas, stairs, etc., unless provided and approved by the manufacturer) shall be entirely self-supporting, unless designed and approved by a professional engineer or registered architect. All such structures shall be constructed in accordance with the state building codes. (C) Temporary use of recreational vehicles on private property for dwelling purposes. No recreational vehicle shall be used for dwelling purposes on any lot in a residential district unless a temporary permit is acquired. Such permit shall be valid for up to seven days and the lot is only eligible for a permit three times per calendar year. Only one vehicle may be granted a permit for a lot during the duration of the permit. The temporary permit may be obtained from the designated city official during normal hours of operation at the city hall. There is no fee for this permit. However, violation of this clause will be subject to the same enforcement as all other regulations of this Land Development Code. (Ord. Correction to dates, amended 4-14-2005) Sec. 3-120. Access to public street required. No structure shall be constructed or erected upon a lot, or parcel of land, which does not abut upon an open public street or permanent easement of access to an open public street. Such easement shall have a minimum width of 20 feet unless an easement of lesser width was of record prior to the adoption of the ordinance from which this section is derived. (Ord. Correction to dates, amended 4-14-2005) Sec. 3-150. Prohibited uses in residential districts. Under no circumstances shall the following be permitted in any residential zoning district: (A) In open areas, the parking or storing of unoccupied house trailers or converted buses in excess of 24 feet shall not be permitted. (Sec. 3-150(A), I recommend we define “open areas.” I also recommend we disallow the parking of either unoccupied house trailers or converted buses; otherwise people could park a 23 foot house trailer in an open lot in perpetuity as long as they had the owner’s permission. I don’t believe we want that.) (B) Commercial tractor trailers or rigs shall not be parked or stored on residentially zoned property at any time with the exception of trailers used for supply and equipment storage of a properly permitted construction site. (Sec. 3-150(B), I recommend we limit the size of construction equipment storage trailers and insist they be promptly removed upon completion of construction.) (C) It shall be a prohibited use in all residentially zoned districts to park or store power driven construction equipment, used lumber or metal, or any other miscellaneous scrap or salvageable material in quantity. (Ord. Correction to dates, amended 4-14-2005) Sec. 3-160. Protective screening of adjacent residential property. In order to provide adequate protective screening for residential districts near or abutting nonresidential areas, the following regulations shall apply to all new commercial development: (A) Where a commercial district use abuts directly upon a residentially zoned district use, a vegetative landscaped greenbelt not less in width than the required setback for the property and with a well maintained ornamental masonry wall or privacy fence no less than six feet in height above grade shall be provided and properly maintained along its entire length by the users of the commercial property. Such greenbelt shall be planted with CC Packet 20110213Page 193 of 225 12 deciduous trees, evergreens, flowering trees, ornamental trees, or any combination of the same not set further than ten feet apart at any given point along the greenbelt. The greenbelt shall be measured from the property line of the commercial property. In no instance will a street, sidewalk or other like improvement be permissible as a buffer. In no instance will a dumpster be permitted in a buffer. (B) The area beneath and between the planted trees shall be well-kept lawn free of foreign debris and unmanaged undergrowth. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance. (C) All planting plans shall be first submitted to the planning commission during the commercial site plan review process for approval of the planting materials and arrangement thereof in accordance with the provisions of this Land Development Code. (D) Where there is not adequate space to provide such a tree lined buffer a ten foot wide arboreal greenbelt shall be provided with a well maintained ornamental masonry wall or privacy fence no less than six feet in height above grade set back ten feet from the property line. (Ord. No. 1999-24, 8-12-1999; Ord. No. 2000-09, 2-11-2000; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2000-09, amended 5-24-2000; Ord. No. 1999-24, amended 10-7-1999) Sec. 3-165. Greenspace. Findings and purpose: the preservation of greenspace is important to the health and welfare of the city’s citizens and aids in the reduction of drainage problems associated with development; and the preservation of greenspace and permeable surfaces will preserve aesthetic features of the landscape and provide for the free flow of air, light, etc. Therefore, in the interest of the public health, safety and welfare, the mayor and council find that the imposition of a permeable surface requirement into the setback spaces of lots is appropriate. In all zoning districts, 65 percent of the designated setback area of a lot shall remain consist of permanent permeable surface to permit the absorption of water and shall not be paved, built upon, or covered in such a way as to interfere with the permeability of the surface in a vegetative state. (page 15, Section 3-165, Greenspace Is it the intent is to require 65% of the actual designated setback area to be left in its natural vegetative state, or an area of the lot equivalent to 65% of the designated setback area? Is the language clear?) (Ord. No. 1999-24, 8-12-1999; Ord. No. 2000-10, 2-11-2000; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2000-10, add 5-24-2000) Sec. 3-170. Home occupations and home business offices. Profit-making activities conducted in homes fall into two classes: home occupations and home business offices. (A) Home occupation. If permitted in a land use district, it must comply with the following requirements. It shall be allowed, provided that it: (1) Is carried on by a member(s) of the family residing in the dwelling unit only. One employee who is not part of the family is permitted; (2) Is conducted entirely within the principle structure; (3) Utilizes not more than 25 percent of the total floor area of the principle structure; (4) Produces no alteration or change in the character or exterior or change in the principle structure from that of a dwelling; CC Packet 20110213Page 194 of 225 13 (5) Involves no sale or offering for sale of any article not produced or assembled by members of the family, or any service not entirely performed by members of the family, residing on the premises; (6) Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition; (7) There shall be no sign or external indication of the business. (B) Home business office. If permitted in a land use district, it must comply with the following requirements: (1) There shall be no sign or external indication of the business office. (2) No more than one vehicle used in the conduction of the business may be parked at the home location. Signage on this vehicle is limited to the area of the driver and passenger front doors of said vehicle. (3) The office may occupy no more than 25 percent of the floor area of the principle structure. (4) The office must be located in the principle structure. (5) Only residents of the dwelling may engage in work at the office. (Ord. Correction to dates, amended 4-14-2005) Sec. 3-180. Satellite receiving dish antenna. A satellite dish shall be allowed in all zones; however, in all residential zones the following requirements shall apply: (A) Dish shall not extend more than three feet above the highest point of the roof nor be greater than 18 inches in diameter. Satellite receiving antennas placed upon the ground shall not exceed 18 inches in diameter. (B) Location of the antenna must be approved by the building official prior to installation. (C) A property owner who has in place a nonconforming antenna at the effective date of the ordinance from which this section is derived may continue to maintain the antenna. In all zoning districts, antenna will be placed so as not to create a hazard to traffic or public utilities. (Ord. Correction to dates, amended 4-14-2005) (Ord. Correction to dates, amended 4-14-2005) Sec. 3-210. Child day care facilities. Child day care facilities, when located in a district as a permitted use shall have a minimum of 100 square feet of outdoor play area [and] shall be provided for each child. Such outdoor play area shall be enclosed by a fence not less than four feet in height. (Ord. Correction to dates, amended 4-14-2005) Sec. 3-220. Amusement parks. CC Packet 20110213Page 195 of 225 14 The sale of alcoholic beverages is not permitted on the property of any amusement park. Also as required by article V, chapter 58 of the City Code, eEating and drinking establishments must be housed in a fixed structure and certified by the Chatham County Health Department. (Ord. Correction to dates, amended 4-14-2005) Sec. 3-230. Turtle nesting protection. The beaches of Tybee Island serve as a prime nesting site for sea turtles, an endangered species. Coastal development threatens the survival of sea turtles because artificial lighting discourages nesting females and causes disorientation of hatchlings during the nesting season, which runs from May 1 through October 31 each year. It is the intention of the city to offer protection to these endangered sea turtles by providing standards for lighting in the shore protection area adjacent to the city's beaches. For the purposes of this section, the protected nesting area shall be the sand beaches of Tybee Island. (A) Exceptions. The following point sources sources of artificial light are exempt from the provisions of this section: (1) All lights necessary for the safe navigation of vessels utilizing the waters surrounding the city; (2) All lights necessary to mark obstructions to the safe use of airspace over, above and around the city; (3) All lights necessary for regulating the safe passage and movement of vehicular and pedestrian traffic within the city; (4) Any light that has been specifically designated by the fire and/or police commissioner(s) as necessary for the security and safety of the human inhabitants of the city. (B) New development. Building and electrical plans for new construction including parking lots, dune crossovers, and all other outdoor lighting that can be seen from the beach shall comply as follows: (1) Floodlights shall be shielded and mounted so that no light illuminates the beach and the point source of light is not visible from the beach. (2) Pole lighting shall be shielded and mounted so that light is directed away from the seaward side of the pole and the point source of light is not visible from the beach. (3) Low profile luminaries shall be positioned so that no light shines directly onto the beach. (4) Dune crossovers shall utilize low profile shielded lighting so that no light illuminates the beach and the point source of the light is not visible from the beach. (5) Lights illuminating structures and grounds shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or they shall be turned off from sunset to sunrise during the period of May 1 through October 31 of each year. (6) Temporary security lights at construction sites shall not be mounted higher than 15 feet above ground and shall be positioned not to illuminate the beach. (C) Existing development. All lighting shall come into compliance with the following standards: (1) Lights illuminating structures and grounds shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or they shall be turned off from sunset to sunrise during the period of May 1 through October 31 of each year. CC Packet 20110213Page 196 of 225 15 (2) Lights illuminating crossovers shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or they shall be turned off during the period of May 1 through October 31 of each year. (3) Security lighting shall be shielded or screened so that the beach is not illuminated and the point source of light is not visible from the beach, or low profile luminaries may be used. (D) Publicly owned lighting. Streetlights and lighting of publicly owned beach access areas must be in compliance with the following: (1) Wherever possible, streetlights shall be located, shielded or shaded so that they will not directly illuminate the beach and the point source of light is not visible from the beach. (Sec. 3-230(D)(1), recommend we delete the words “Wherever possible” at the beginning of the sentence.) (2) Lights at parks or other public beach access points shall be shielded or shaded so that they will not directly illuminate the beach and the point source of light is not visible from the beach or, if not necessary for security or public safety, utilization may be discontinued during the nesting season. (Ord. Correction to dates, amended 4-14-2005) Sec. 3-240. Wetlands protection. (page 19, Section 3-240What is the definition of “wetland protection district,” and where do we find that definition. (Section 5-10 (K)?, Article 15?) U.S. Army Corps of Engineers determination shall be required prior to the issuance of a permit for any regulated activity within the wetland protection district. If the corps determines that wetlands are present and that a Section 404 permit or letter of permission is required, no permit for the regulated activity will be issued until the corps has issued the Section 404 permit or letter of permission. If the corps determines that there are no wetlands present on the proposed development site, Tybee Island may proceed with its normal permitting procedures. (Ord. No. 2000-11, 2-11-2000; Ord. No. Correction to dates, amended 4-14-2005; Ord. No. 2000-11 Wetlands Protection, add 5-24-2000) CC Packet 20110213Page 197 of 225 CC Packet 20110213Page 198 of 225 CC Packet 20110213Page 199 of 225 CC Packet 20110213Page 200 of 225 CC Packet 20110213Page 201 of 225 CC Packet 20110213Page 202 of 225 ORDINANCE NO. 03-2011 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SEC. 38-2 FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, and WHEREAS, the City of Tybee Island faces increasing costs in connection with the operation of its police and court facilities, and WHEREAS, the administrator cost associated therewith is necessary and an increase is necessary. NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances shall be amended to amend Section 38-2, Costs of Court-Amount, so as to hereafter provide as follows: Sec. 38-2. Costs of court-amount.. There shall be assessed and imposed an administrative cost of court charge of $100.00 against every person convicted of an offense as charged in a citation or warrant issued by a duly authorized law enforcement officer of the city except offenses under OCGA 40-8-76 and 40-8-76.1. ! It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention. CC Packet 20110213Page 203 of 225 This Ordinance shall become effective on ________ day of __________________, 2011. ADOPTED THIS DAY OF , 2011. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: 01.13.11 ENACTED: EMH/TYBEE/ORDINANCES/2011/03-2011 Sec. 38-2 Costs of Court 02.03.11 CC Packet 20110213Page 204 of 225 ORDINANCE NO. 02-2011 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO TECHNOLOGY COST SURCHARGE FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, and WHEREAS, the City of Tybee Island desires to create a new section due to the ever increasing cost associated with the operation of the Municipal Court, and WHEREAS, the cost of technology and improvements necessitate additional fees in order to defray the cost of technological improvements needed for police and municipal court functions. NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances shall be amended to create a new section to be Section 38-4, Technology Cost Surcharge, to hereafter provide as follows: Sec. 38-4. Technology cost surcharge. There shall be imposed by the municipal court of the city a technology cost surcharge in the amount of $20.00 per offense for all offenses except violations of O.C.G.A. 40-8-76 and 40-8-76.1. Said technology cost surcharge shall be in addition to all other fines and fees imposed by the municipal court. All revenue derived from the technology cost surcharge shall be utilized by the city to provide technological support for the police department and municipal court functions. ! It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention. CC Packet 20110213Page 205 of 225 This Ordinance shall become effective on ________ day of __________________, 2011. ADOPTED THIS DAY OF , 2011. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: 01.13.11 ENACTED: EMH/TYBEE/ORDINANCES/2011/02-2011 Sec. 38-4 Technology Cost Surcharge 02.03.11 CC Packet 20110213Page 206 of 225 Friends of the Tybee Theater Regular Board Meeting December 16, 2010 PRESENT: Jane Bridges, John Herdina, Mike Hosti, Sarah Jones, Pam Lappin, Gordon Matthews, Camille Searcy, Dick Smith, Terry Spatz, Hank Weisman. ABSENT: Jay Burke, Carrie Efird, Keith Gay, Mike Hosti, Cyndi Kinkel, Jim Kluttz GUESTS: Richard Adams, Neil Dawson Gordon Matthews called the meeting to order at 4:00 pm. Minutes of November 18 approved. Gordon Matthews recognized Neil Dawson, architect, who presented drawings for two options for the tiers and stage. The consensus was the version with a ramp on the side. This plan would accommodate approximately 224 seats and would be ADA compliant. The stage will be curved and will be slightly wider than the original. Discussion ensued over maximizing the bathroom space and providing for ADA compliance in a historic building. We can create a wall past the edge of the mezzanine into the theater to accommodate this; acoustics would be improved and approximately 14 seats would be lost. Dick Smith moved to ask for bids on this plan, Sarah Jones second, unanimous. Neil Dawson will provide plans for the bathrooms as discussed by the next Board meeting. Pam Lappin reported that the nominating committee is ready to prepare a list of potential new Board members. Gordon Matthews announced that the Haviland Stillwell event will be December 23. Tickets will only be sold in advance. Pam Lappin reported on membership renewals. About 260 letters will go out next week to former donors who have not renewed this year. Richard Adams reported that the Casting for Stars events have given the Theater a lot of coverage as well as raising funds. Casting for Stars final event has extended to January 15. Terry Spatz reported that the Weddings for Warriors event went wonderfully. Gordon Matthews suggested that the military is a great source for volunteers. Hank Weisman reported that he has negotiated a deal with Montana Skies for an April 29 concert. Jane Bridges asked for consideration on changing the Thursday meeting date; the new Board will consider this. CC Packet 20110213Page 207 of 225 Next meeting: January 20. February 17 will be the last meeting of the Board year. Meeting adjourned at 5:00. Jane Bridges, Secretary Gordon Matthews, President CC Packet 20110213Page 208 of 225 Tybee Island Marine Science Center Board of Directors Meeting January 27, 2010 Present: Mike, Maria, John, Julie, Elizabeth, Shelly, Debbie, Judy, Kathryn, Meredith 1. Call to order -7:10 2. Approval of December Minutes Motion to approve -Shelly Second -Kathryn Unanimously approved 3. President’s Report (Dionne not here; Mike filling in as President) a. Virginia Aquarium Visit -any questions or comments for those not going? -Mike would like some history of transition to bigger center -Shelly wants copy of current operational budget -how do they do membership/sponsorships -how big is board and how many did they bring on for project -Board voiced concern that Dionne would not be able to go anymore -if Dionne still wants to go, Elizabeth and John (and maybe Debbie) are still willing to go -please email additional comments or questions for team going to Virginia; John will compile prior to trip 4. Executive Director's Report a. Gallery -update going well -Sea Turtle tank delivered and platform here -Chris and staff have been fantastic -Home Depot has been very helpful -DPW, COT and DNR very enthusiastic -only behind schedule 1 week approximately -Georgia Aquarium will provide jellyfish but can no longer donate tank. Maria is looking into tank prices and Board is discussing small grant options for this need (approximately $4,000). Maria is preparing proposal -Discussion of how to get word about gallery out -Membership and VIP -viewing before release to public -postcards -magazine and newspaper article(s) b. CIG Grants -should hear results mid-April 5. Treasurer’s Report -will be below budget once CIG $ comes in -income up $11,000 from budget -expenses down $15,000 from budget -Board requested designation on financials for money spent on NB Facility -Maria will ask Dean about language of cover letter -2 record months in gift shop -$100,000 + annually for 2009 -31,000 + visitors to center in 2009 CC Packet 20110213Page 209 of 225 842162-1 6. Frank Shuman and Kathryn -Council Liaisons to Board -Paul no longer officially liaison -Board hopes he will remain very connected -Should add Frank to emails and will keep Paul on 7. Development Committee a. Working on interviewing potential project team -10:00, February 13 -meeting with Dan Roberts -all are invited (location TBA) -Met with Martin Melaver -Met with Robin Gold (fundraising) (was recommended by Marjorie Young) -Meeting with another consultant this week -Still looking into fundraisers with capital campaign experience b. SPLOST Meredith and Kathryn will work on finding out: 1. What can funds be used for? 2. When do funds expire? c. Sea Kayak GA has indicated they might not participate in Sea Kayak race this year Date: June 12, 2010 Debbie will have sponsor request forms at February meeting 8. Marketing Committee Sustainable Seafood Festival -Focus on education/nutrition/ecosystem/environment -City of Savannah/Chatham County taking on 2010 Seafood Festival but might be willing to partner with us -need a board member on City's planning committee for event -will be on pier in April (strange month because not shrimp season until end of May/June) -Shelly mentioned that Tina might be able to be our liaison on planning committee 9. Turtle Trot -April 24th -Save the Date 8:50 p.m. Motion to Adjorn -Shelly Second -Debbie Unanimously approved Action Items 1. Shelly will call Shantel with COTI to get seafood festival information. 2. Meredith and Kathryn will look into SPLOST restrictions. 3. Debbie will find new location for Dan Roberts February 13th meeting. 4. All: email comments/questions regarding Virginia aquarium to John, Dionne, Debbie and Elizabeth. CC Packet 20110213Page 210 of 225 848533-01 Tybee Island Marine Science Center Board of Directors Meeting March 24, 2010 Present: Maria, Debbie, Judy, Mike, Dionne, Cathy, Meredith 1. Call to order -7:15 p.m. 2. Approval of Approve Agenda (with modifications) Motion to approve -Cathy Second -Judy Unanimously approved 3. Officer's Reports A. President’s Report Board Development Activity -1) to demonstrate that there are things about the TIMSC that we don't know and/or don't do in practice; and 2) to brainstorm roles of Executive Director and Board will be continued at next meeting B. Executive Director's Report 1. Financials -want to keep lower inventory -schools are up; scouts are way up -salaries up because raises and health insurance additions -discovery shop sales down because of cold winter 2. Gallery -$1,500 from Optimist Club for jellyfish tank to be bought from Georgia Aquarium -presentation of Coastal Incentives Sea Turtle Conservation grant deliverables to Board -Maria presenting Sea Turtle Grant update to Council 3/25/10 4. Committee Reports 1. Development Committee reminder of committee assignments/designations emailed to Board on March 8 2. Marketing Flip Flop Fundraiser -Mike will man table; Meredith will speak and accept check on behalf of Center -discussion of issues surrounding event Next meeting: April 28 Executive Committee: TBD Adjournment -9:30 p.m. Action Items 1. Dionne will type and distribute February minutes 2. All Board seek kayak race sponsors 3. All Board work on Development Committee assignments 4. Maria will send bullet points to Meredith prior to Flip Flop Fundraiser 5. Judy will find out power point capabilities for Flip Flop Fundraiser and contact Dionne CC Packet 20110213Page 211 of 225 1 Tybee Island Marine Science Center Minutes of April 28, 2010 Board Meeting Present: Mike, Debbie, Judy, Julie, John, Kathryn, Maria Agenda verbally presented by Mike was approved. Minutes of March 2010 were approved. Copy of minutes sent to city: After discussion it was decided that the Secretary would email copies of all the minutes to the city clerk once approved. Minutes not emailed already must be sent to the email, vwoods@cityoftybee.org. This is a requirement of the City of Tybee. It was decided that budget request from the Center to the City would include in as much as possible all request for fee waivers and assistance from departments in the city. An example would be a request for manpower from public works to set up for the Turtle Trot activities such as fencing for the turtle releases. Discussion of the very successful turtle trot included the potential of a much larger race and need of age group awards with someone to manage the race times. Discussion of March finances distributed by Maria included the following: Approximately 19k down in March as compared to last year. Checking account balance in April is up significantly. Insurance discussion included the action item that Judy would contact the insurance agent she uses to have Maria and him review the coverage that we have, not necessarily the price. It was decided that Maria would try to get grant receivables and expenses that have been recorded on a cash basis listed on our financials on an accrual basis. She will need to discuss this with Dean and Sarah. The discussion on separation of grant expenses and receipts was made with Maria saying that the current Educational grant would require that to happen. It was decided that we shall use the blog for correspondence. Everyone should send their user name and password to Maria. She will insure our accounts are set up properly to include email notification all of postings. Maria will set up a discussion topic on the blog for us to discuss what should be on the monthly director’s report. Maria asked that what is on the report be needed, just not nice to know. This will keep the report from being too extensive and wordy. Maria reported that in May, a turtle would be borrowed from 4H for display in our new tank. Finishing the displays will include jelly fish display scheduled for installation in May, another small tank and a separation partition between the shop and display area. Deliverables on the turtle grant are starting to be delivered such as information in the water bills to residents. Mike and Debbie reported that Neal Sklarew has been contracted for board development to start in May to include interviews with board members after an initial meeting with them and Maria in May. Debbie reminded everyone to consult her email of April 27 to check the development task each volunteered for at the February meeting. Debbie emphasized the importance of us getting sponsors for the kayak race. We only have approximately four or five weeks to do so. Judy will send out some advertisement via the internet. John will obtain volunteers to mark the course on the inland waters of the loop through Little Tybee. CC Packet 20110213Page 212 of 225 2 Judy discussed the need for the marketing committee to work with Maria, possibly to obtain a third party to maintain an internet marketing push with such resources as Twitter and Facebook. It was decided that Dionne would send a thank you letter to the Seaside Sisters including Susan Kelleher for the highly successful Flip Flop Premier and the donation in excess of $5,700. Action Items (detail above) 1. Email minutes previous and going forward. Meredith 2. Discuss with Dean and Sarah the need to convert cash basis items to accrual. Maria 3. Report to separate grant financials from normal operational financials. Maria 4. Get insurance professional to volunteer review of same. Judy 5. Blog counts to be set up for notification. All send info to Maria to insure accounts set up properly. 6. Blog to discuss Executive Directors monthly report. All after Maria sets up discussion topic. 7. Obtain sponsors for kayak race. All 8. Obtain course mark volunteers. John 9. Thank you note for Flip Flop. Dionne 10. Check development committee task. All Respectfully submitted, John Schleicher, acting secretary CC Packet 20110213Page 213 of 225 Tybee Island Marine Science Center Minutes of May 27, 2010 Board Meeting Present: Dionne, Mike, Debbie, Judy, Julie, John, Kathryn, Maria, Cathy by conference call, Maria Agenda approved Minutes of April 2010 were approved. Presidents Report: Signing up with United Way Caring Club was discussed. Approval of investigation on both items (to join caring club and get the TIMSC noted on CFC) made and approved. On request by Maria, Dionne will investigate. Virginia Aquarium potential dates presented. Everyone should be prepared to discuss at next meeting. To carryover action item from last meeting, everyone should provide input to Dionne on blog about info to be reported on monthly Director’s report. Everyone should provide input to Dionne within the week on Directors evaluation handout from Dionne. Specifically everyone should provide input on which evaluation should be used. Dionne will start the review process in June which will include input by board members to her by the next executive meeting on June 10. Maria requested that only the president see her self evaluation prior to providing evaluation input. The goal is to finish in June; however, the completion of the entire evaluation process may slip into July. Minutes should be reviewed by the president as well as members present at the meeting before the final draft is submitted for approval by the board. Treasurer’s Report. No comparisons to budget or last year provided on financials. Discussion on accrual versus cash basis included Maria reporting that Sara will be assisting in going completely to the accrual basis. It was questioned why cost of goods sold was such a large percent of income from Retail. Maria was asked to report on the following per an approved motion: 1. Non-consistent timing of reporting by Hirsch & Tucker (H & T) possibly caused by the timing of reporting from us. 2. Since the primary function of the audit is to have objective audit report, should not H & T assist in the total conversion to an accrual process of accounting. 3. Provide a clarification of H & T‘s services. 4. Be able to obtain monthly financial reports from H & T so that Maria can provide them by the executive meeting on the 2nd Thursday of the month. Executive Director’s Report. On request of Maria to insure safety, OSHA inspected the facility of which the final report will be given in June. Nothing major was found. The Savannah Community Foundation has approved a grant to us for a washer/dryer in the amount of $1283. The Turtle Trot netted $10,614, an extremely successful result. Next years date has been set for April 30 at a follow up meeting. Active.com helped provide the increase in registration from approx 130 to 501 registrations. Even though it was rainy, we only had approx. 50 no shows! CC Packet 20110213Page 214 of 225 2 As a carry over from last meeting everyone should send their log on info to Maria to set up accounts properly if not done so for the word press blog. On discussion we shall resume getting financials and minutes on blog plus get all board members to use the blog. Sidewalk to the Sea grant will require funding up front by us to be reimbursed on an annual basis, both this year and next. Maria will be meeting with the appropriate personnel from the City of Savannah and the DNR prior to the October 1 start up date. Development Committee: Debbie requested that everyone start their tasks that they volunteered for at the March board meeting if not done so and report on them at the next meeting. We will be discussing Advisory Board function next meeting. Neal Sklarrew will be contacting all board members fairly soon, probably in June for input about the board. Everyone must obtain sponsorships to the Kayak Race by Memorial Day weekend to ensure T-shirt inclusion. Probably we are on line for 8-9K sponsorship results this year. Maria will send photos of previous races to Debbie. Debbie discussed the race safety committee, and registration. Dionne will obtain supplies on a card provided by Publix. Registration volunteers should be there by 6:30 for a 7:15 a.m. registration start. Everyone else should be there by 6:45 or 7 depending on their function. Only certificates will be provided to winners on the race day and trophies will be ordered after Debbie knows the ones needed New Business: John volunteered to take minutes going forward this year. Dionne volunteered to send submissions of the minutes to the city. Action Items. Detail above 1. Dionne, Caring Club and CFC. 2. Everyone, discuss V. Aquarium next meeting. 3. Everyone, input on director’s eval to Dionne within week. 4. Everyone, provide input to Dionne by next Exec meeting on evaluation. 5. Dionne to complete evaluation process by June or July. 6. Maria, provide noted information on financials including accrual and timing. 7. Everyone not setup, Blog set up info info to Maria. 8. Everyone, volunteered development tasks. 9. Everyone. Be ready to discuss Advisory Board function next meeting. 10. Everyone input to Neal when contacted. 11. Maria to send previous race photos to Debbie. 12. Everyone, finish getting sponsors for kayak race by this weekend. 13. Everyone, Assist in Kayak race as assigned/volunteered. 14. Debbie, complete coordination of tasks assigned and being done by Kayak Race committees prior to race. 15. Dionne and John, minutes and communication of same to city. Respectfully submitted, John Schleicher, acting secretary CC Packet 20110213Page 215 of 225 Tybee Island Marine Science Center Minutes of June 23, 2010 Board Meeting Present: Dionne, Mike, Debbie, Julie, John, Kathryn, Maria Agenda approved Minutes of May 2010 were approved. Presidents Report: The procedure for the evaluation of the director was reported. All board members need to submit their evaluation form to the president using the new form as soon as possible. The procedure for approval, city submission, and record keeping of minutes was discussed. The meeting room at the center will be utilized for programs during the July and August board meetings. The July meeting will be held at Debbie’s home. Board members must inform the president of their preferences of dates for a Virginia aquarium visit. A center representative must attend a CFC workshop next March to be considered for inclusion in next years CFC campaign. The deadline for inclusion in this year’s campaign is past. The caring club membership requirements are mutually exclusive of that campaign. Treasurer’s Report. Financials were completed prior to the executive board meeting. The director reported that heavy supply expenditures were grant related. A discussion followed about the need of the board to know how financially viable the individual programs are progressing, and the need to know how much of current expenditures will be covered by future refunds of grants. The director mentioned the accountants concern of reporting accruals of money to be received a year or more later. The treasurer mentioned that it is difficult to know the actual financial status of the center when significant expenditures are being made that will be later refunded. The director will pursue those issues with our accountant and auditor over the next month. Executive Director’s Report. Maria reviewed several of the points on the director’s report. Several board members must set up a phone appointment with Neil Sklarew. All board members should be using the blog, though some may need assistance with the log on system. The annual audit covering 2009 will be presented at the next board meeting. After discussion, it was the consensus that Maria should get more information on liability insurance costs on usage of utilizing the Center’s Kayaks by employees. . CC Packet 20110213Page 216 of 225 The change in signature cards is complete for Wachovia and is in process for the accounts at First National Bank and Sun Trust. Maria is checking on liability insurance for the center which must be increased in order to comply with the facility lease requirements. Development Committee: It was decided that the board development workshop would potentially be held during the weekend of August 21. Debbie will follow up with members not present and confirm the date. Debbie reviewed approximate financial results of the successful fund raising efforts from the kayak race. Potential venues for future races were mentioned and discussed. New Business: It was decided that Mike would get with Maria to obtain framed pictures for recognition of recently departed board members. Dionne and Debbie will work together on script that will be noted on the awards. Action Items. Details above. 1. Submit Director annual evaluation review forms to the President. All board members. 2. Submit preferences for dates to visit the Virginia Aquarium. All board members. 3. Pursue issues concerning accounting accruals and financial status of programs. Director. 4. Make phone appointments with Neil S. Board members not having done so. 5. Blog usage. All members still not utilizing the blog should do so or get with Maria concerning any difficulties.. 6. Kayak usage liabilities. Director. 7. Complete signature card changes. Director. 8. Center liability insurance changes. Director. 9. Indicate preference dates to visit the VA aquarium. All board members. 10. Confirm board development workshop date. Debbie. 11. Complete departed board member awards. Maria, Mike, Dionne and Debbie. CC Packet 20110213Page 217 of 225 Tybee Island Marine Science Center Minutes of July 28, 2010 Board Meeting Present: Dionne, Debbie, John, and Maria Agenda approved Minutes of June 23rd were approved. Presidents Report: There was a short discussion on whether future July board meetings should be held due to the number of members that have conflicts in that month. Since the 22nd of August not available for the board development meeting, Dionne will email all members a “doodle.com” report to see which other time would be best for a meeting. Treasurer’s Report: It was the consensus that the Executive director would look at the cash flow to determine the amount of a CD or CD’s that can be purchased. This should keep the dollar amount in any one financial institution under 100K and obtain additional interest funds. Executive Director’s Report: Maria will be selling the centers kayaks due to excessive cost of liability insurance. After notifying staff and directors, they will be advertised on Craig’s list. Maria has developed a financial policy which will be first reviewed by the executive committee, and then presented to the entire board for approval or changes. Feedback should be sent to Maria prior to the next executive committee meeting. Development Committee: Debbie is getting information from various organizations for an impact study on center expansion. . Action Items. Details above. 1. All Board members should reply to the Doodle.com report as to availability for a board development meeting. After Dionne sends it out as soon as possible. 2. Executive committee members should provide feedback to Maria on the financial policy manual prior to the next meeting by that committee. 3. Maria will investigate purchase of a CD(s). CC Packet 20110213Page 218 of 225 CC Packet 20110213Page 219 of 225 CC Packet 20110213Page 220 of 225 Tybee Island Marine Science Center Minutes of September 22, 2010 Board Meeting Present: Dionne, Debbie, Judy, Maria and John Agenda approved. Minutes from the board meeting held in August were approved. Presidents Report: The president reported that the next board development session would be at the same place as before on October 30 from 9am-noon. Members should refer back to their emails from Mr. Sklarew and complete the homework. Dionne will send out an email to remind everyone to complete the assignment. The board decided to rejoin the Georgia Center for Nonprofits since Neal Sklarew will refund the cost to us. Executive Director Report: It was decided That Maria would investigate and report back to the board on getting a debit card for the center. The possibility of getting a loan to cover the costs associated with the reimbursable grant was held. Maria will investigate the costs and other parameters of such a loan. The financial report that includes Maria’s extensive comparison of this years results to previous years results will reported on at the next meeting. A motion was made and passed to cover ! the costs of Maria’s cell phone which is used extensively for the center’s business. Old Business: A discussion was held about the potential impact the possible filming of the X Men would have on the site of the new center. New Business: Maria will be sending an application to attend the Institute for Georgia Leadership program. Action Items. Details above. 1. Everyone should complete the assignment needed for the next development workshop. 2. Maria will investigate getting a debit card and the parameters of a loan to cover costs of the reimbursable grant. She will also have the center join the GCN. CC Packet 20110213Page 221 of 225 Tybee Island Marine Science Center Minutes of November 8, 2010 Board Meeting Present: Dionne, Debbie, Judy, Mike, Cathy, Kathryn, Maria and John Agenda approved. Minutes from the board meeting held in September were approved. Presidents Report: The timing and place for the Christmas party was discussed. A board meeting will be held at the center on Tuesday December 7, at 6:30 P.M. followed by a dinner party at the Ocean Plaza one hour later. A white elephant gift exchange will be held with a $10 limit on gifts. The previous board members, Elizabeth, Shelly and Meredith will be invited. Debbie will bring the appreciation gifts. The following slate of people were nominated for the next two year term. Mike -president Cathy -vice president (for a one year term) John -Treasurer and acting secretary Executive Director Report: Maria passed out the financial reports for October and reported that we should be able to meet budget this year. She also reported that for the last three years over 70% of our operating income was earned. Normally over 80% of our income is earned by August. Maria reviewed some of the marketing handouts including the updated membership reminder and follow up system. She also handed out the proposed Personnel policy and procedure manual. All board members must review it and note any potential changes to the policies. Policies are shown in bold type throughout the manual. This must be done by December 7 so that we can discuss and vote on acceptance of the manual at the December board meeting. Maria handed out and discussed the proposed budget for next year. Members must review this prior to the December meeting as we will be voting on the budget for next year at that meeting. Comments on the budget should be made on our blog prior to the meeting. Development Committee Report: Dionne reviewed the workshop meeting held on October 30. Neil had sent an email on November 1 listing homework assignments for the board to accomplish. It was decided we would assign the following teams to accomplish the work by the end of January: Board focus -Cathy, Debbie, Dionne Goals -Kathryn, Judy Working Relationships -Mike/Julie/John CC Packet 20110213Page 222 of 225 Old Business: Personnel was discussed Action Items. Details above. 1. Review nominations and decide if any others will be nominated. 2. Review Personnel policies and be ready to discuss them and vote on the manual at the December meeting. 3. Review the budget, making any comments or desired changes on the blog, and be ready to vote on the budget at the December meeting. 4. Complete the team assignment as indicated in the Development Report. 5. Dionne to ensure old members are invited to the Christmas party and to ensure the Ocean Plaza is available. 6. Debbie to complete appreciation gifts. . CC Packet 20110213Page 223 of 225 Tybee Island Marine Science Center Minutes of December 16, 2010 Board Meeting Present: Dionne, Debbie, Judy, Mike, Kathryn, Maria, John, and Cathy by phone Executive Director Report: Maria reported the state’s claim that the 3rd quarter 2002 sales tax return and payment had not been made. After exhausted research, proof of payment could not be found, and payment of $993.47 was sent covering the tax but not interest and penalty. Maria will be appealing the interest and penalty, and asking for assistance from Burke Day’s office. The COTI grant for 2020 has not been received. After discussion it was moved and approved that Dionne would send a letter to the mayor and council thanking the city for previous grants and requesting payment of the grant during this calendar year. Kathryn will check the city minutes for reference to non-delay of payment. The HVAC system for the 1st floor requires replacement . A motion was made and approved that after written notice to the city manager or her designee Maria will send out a RFP for a minimum of three bids. Kathryn will check on using monies held by us in our SPLOST restricted account for payment of the project. Maria will make a recommendation and act on the decision of the board to be made by email. Maria should check with Joe Wilson for recommendation of suppliers and utilize the Better Business Bureau when reviewing the bids. Maria reported that we should meet budget this year and our cash position is improved over last year. 2011 Budget discussion and approval: The budget for next year, submitted by Maria at November’s meeting, was reviewed, discussed and approved. During the discussion Maria described much of the basis she used for many of the revenue and expense categories. Expense category 8590 is a contingency account. Because of the cash outflows that will be made due to the Sidewalk to the Sea grant, Maria will develop a cash flow statement for the year. Additional request for grants from corporate and business entities have been and will be made by Maria. Old Business: The following slate of officers were elected for the next term: Mike -president Cathy -vice president (for a one year term) John -Treasurer and acting secretary A discussion was held on the requirement to have two signatures on checks over $1200. CC Packet 20110213Page 224 of 225 It was decided that Maria would provide a list of suppliers on which an exception to the rule may be granted. John had reported non-compliance of the rule. Dionne will send members copies of the Executive Directors objectives for 2011. Debbie reminded everyone to complete the development homework. Action Items. Details above. 1. Maria to appeal tax penalty and interest with state and ask for assistance from Burke Day. 2. Dionne to write letter to the city for distribution of the grant utilizing data provided by Kathryn. 3. HVAC system bid process by Maria. 4. 2011 cash flow statement to be developed by Maria. 4. Board members to complete development homework assignments. 5. Dionne to send out Maria’s objectives. . CC Packet 20110213Page 225 of 225