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City Council Amended Agenda Prepared: 03092011 jrl Page 1 of 2 AGENDA REGULAR MEETING OF THE TYBEE ISLAND CITY COUNCIL March 10, 2011 7:00PM AMENDED Please silence all cell phones during
Council Meetings I. Consideration of Items for Consent agenda 6:30PM II. Executive Session III. Opening Ceremonies Call to Order Invocation Pledge of Allegiance IV. Recognitions and
Proclamations V. Consideration of the approval of the minutes of the regular meeting(s) of the Tybee Island City Council. a. January 13, 2011 b. February 24, 2011 c. February 26, 2011
VI. Consideration of Boards, Commissions and Committee Appointments a. Shore Protection Ordinance Review Ad Hoc Committee VII. Reports of Staff, Boards, Standing Committees and/or Invited
Guest. Limit reports to 10 minutes. VIII. *Citizens to be heard: Please limit comments to 3 minutes. Maximum Allowable time is 5 minutes. a. Mimi Pinner – YMCA comments IX. Public Comment:
a. Short Term Rentals X. Consideration Local Requests & Applications – Funding, Special Events, Alcohol License a. Business License Application/Alcohol License Application, Sunday Sales:
CoCo’s Sunset Grille: New name/new owner/change of license holder. Approved by Chief Bryson. b. Alcohol License Application: Friends of the Tybee Theater: Following dates approved by
Chief Bryson: 1. Friday, April 15, 2011 – 404 Butler Avenue 2. Saturday, April 16, 2011 – 30 Meddin Drive 3. Sunday, April 17, 2011 – 1112 U. S. Highway 80 4. Friday, April 29, 2011
– 10 Van Horn XI. Consideration of Bids, Contracts, Agreements and Expenditures City Council 2011-03-10 2011-03-09 jl/mmb Page 1 of 29
City Council Amended Agenda Prepared: 03092011 jrl Page 2 of 2 XII. Consideration of Approval of Consent Agenda XIII. Public Hearings – Zoning Separate XIV. Consideration of Ordinance,
Resolutions a. Shore Protection Ordinance Review Ad Hoc Committee XV. Council, Officials and city Attorney Considerations and Comments XVI. City Mangers Report XVII. Minutes of Boards
and Committees a. Tybee Island Marine Science Center: January 2011 Board meeting minutes b. Planning Commission: February 15, 2011 meeting minutes c. Infrastructure Committee: January
13, 2011 XVIII. Executive Session XIX. Adjournment *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens
to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the Clerk of Council’s office by Wednesday at noon, eight days
prior to the scheduled meeting. Agenda request forms are available outside the Clerk’s office at City hall and at www.cityoftybee.org. THE VISION OF THE CITY OF TYBEE ISLAND “is to make
Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering
superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality
of life, and a thriving future.” City Council 2011-03-10 2011-03-09 jl/mmb Page 2 of 29
City Council 2011-03-10 2011-03-09 jl/mmb Page 3 of 29
MAYOR CITY MANAGER Jason Buelterman F 1Y6 Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Shirley Sessions Mayor Pro Tem Vivian 0 Woods Wanda D Doyle 17 I Bill Garbett CITY ATTORNEY Frank
Schuman Sr Edward M Hughes Kathryn Williams i Paul Wolff CITY OF TYBEE ISLAND City C Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday
a week prior to the scheduled Council meeting If thisfr is received after the deadline the item will be listed on the next scheduled agenda There is a three m mute limit for all visitors
Council Meeting Date for Request CL 15 AO 1 1 Item cTehtbicn 5 Explanation Paper Work Attached VAiuddeio Presentation If applicable a copy of the presentation report must be submitted
with this agenda request If applicable audio video presentations must be submitted to the IT department at City Hall at least 48 hours prior to the meeting Request will be postponed
if necessary information is not provided Submitted by I1 IR 1 P1 11 Il fit Phone Email 91A 94 94 1 0 I Y1 1r i n ie1 rC CLi Corr 1 Comments Date given to Clerk of Council ale POBox 2749
403 Butler Avenue Tybee Island Georgia 313282749 Certified 866 7864573 FAX 866 7865737 A City of A Ethics f wcoityowrftygbwee i City Council 2011-03-10 2011-03-09 jl/mmb Page 4 of 29
lr Date lE t New CIt CITY OF TYBEE ISLAND Renewal It Yc BUSINESS LICENSE APPLICATION Alcohol Licensecense Y or N p 44D4 xM1 S EntertainmentApp Y or N Business Name CA 15 SIR 11s4 l 4
r 1114 Location 1A Otd 145 141c1maII GO 112et I slant 49 3326 Mailing Address fo 6 lot 1SnArv Os 31104 Phone Vgtt5012 I EmailytJy1hoAnAmok 1 Crlci Federal ID145105 I i 6 I Sales Tax
ID 620112 476 I NAICS Code 1 ZZ I t 0 Business Type circle one Sole Proprietor Partnership Corporation LC Non Profit Other Names and Home Addresses of Owners Partners or Corporate Officers
I Names 1 Home Address I City State Zip Title racy hill tiVIHhan I10c 0Hike1tnAlt 1SOIIinnA Of711o Omit I 1 1 Describe the business you would like to license esIAtn rI Y1 Has this business
or anyone connected with this business been cited or charged with any violation of Georgia Law Federal Law Local Ordinance or a Rule or Regulation of the State Revenue Commissioner or
any Rule or Regulation of the City or County within the past 12 months circle one YES oN If YES YES include details r in off premise bill Will your business require signage off premise
32 sq ft 4 x 8 g 12 x 16 100 128 75 288 sq 125 Any business that requires state licensing must present state license when applying It is the aspplicant responsibility to ensure zoning
conformance If there is a question as to whether the location is zoned correctly please contact the City Marshal at 912 7864573 x 104 See the reverse side for further instructions and
schedule of re ulatory fees Application for alcohol license requires a separate form and approval Application for live entertainment requires annual review and o i val I 0 Applicant
Signature l a C j Date vi Printed Name1AWA J 044D VI L Received by J 1 Q c Date 2 7 0 ROUTING APPROVAL BY DATE FEES City Manager Administrator REQUIRED 1 1 1000 Occupational Tax 10205
Zoning Approval REQUIRED 1 1 9999 Administration Fee 100 Health Dept Certificate Required YES or NO 1 1 1 Signage Fire Inspector Certificate Required 1 YES or NO I I 1 Insurance Policy
Required for I I YES or NO 1 I I IIII Police Chief Recommendation Required Nor NO k 1 1 ZiZ1 1 1 City Council Approval Required YES or NO U f 1 1 TOTAL DUE WITH APPLICATION V Reason
for denial 403 Butler Avenue PO Box 2749 Tybee Island Georgia 313282749 912 7864573 FAX 912 7869539 wcoitvowrftvabwee NI0HFtOr City Council 2011-03-10 2011-03-09 jl/mmb Page 5 of 29
F S Affidavit Verifying Status for City Public Benefit Application By executing this affidavit under oath as an applicant for a City of Tybee Island Georgia Business License or Occupation
Tax Certificate Alcohol License Taxi Permit Contract or other public benefit as referenced inOCGASection 50361 I am stating the following with respect to my application of a City of
Tybee Island Business License or upational Tax Certificate Alcohol License circle all that apply Taxi Permit Contract Other public benefit for vl RI WtI V L IM t k on printed name of
natural person applying on behalf of individual business corporation partnership or other private entity 1 I am a United States citizen OR 2 I am a legal permanent resident 18 years
of age or older or I am an otherwise qualified alien or non immigrant under the Federal Immigration and Nationality Act 18 years of age or older and lawfully present in the United States
In making the above representation under oath I understand that any person who knowingly and willfully makes a false fictitious or fraudulent statement or representation in an affidavit
shall be guilty of a violation of Code Section 161020 of the Official Code of Georgia ti CAI of yplicant 1 2Vi Date 1 7 etcLt 0 YVI Ma 14d Printed Name t e on Number for Non citizens
fj ri 0 a cis SUBSC QED 4i AND SWORN BEFORE ME ON THIS nlc dq THE OF ti 20 r Afy 2 1 a M i txp 01 Notary Publi 9 I f 3 My Commission Expires C Note OCGA 50361e2requires that aliens under
the federat immigration and Nationality Act Title 8USCas amended provide their alien registration number Because legal permanent residents are included in the federal definition of alien
legal permanent residents must also provide their alien registration number Qualified aliens that do not have an alien registration number may supply another identifying number below
EMON otsry ubiciaAtVptrihurGeolansmhit W plyNComrnisson City Council 2011-03-10 2011-03-09 jl/mmb Page 6 of 29
Y0 t CITY OF TYBEE ISLAND ALCOHOL LICENSE APPLICATION Application is hereby made for a license to do business within the City of Tybee Island as a dealer in alcoholic F beverages as
indicated below LICENSE CLASSIFICATION FEE CHECK I Notice The applicant Retail BWeineer Package Sales Only Consumption on Premises Prohibited 350 I for a license shall be a Retail BWeineer
Sale by Drink for Consumption on Premises Only 575 States a resident of Retail Liquor Sale by Package Only Consumption on Premises Prohibited 850 Chatham County and Retail Liquor Sale
by Drink for Consumption on Premises Only 1250 owner of the business Retail Liquor Sale by Package Drink both in One Building under One Ownership 2000 or if a corporation Sunday Sales
of Alcoholic Beverages 150 partnership or other Wholesale Beer 765 legal entity is the Wholesale Liquor 1500 owner a substantial Wholesale Wine 150 I and major stockholder Distiller
Brewer or Manufacturer of Alcoholic Beverages 300 I or the applicant may be Special Event Public or Private Property Beer Wine no current license per event 50 the manager of the Special
Event Public or Private Property Beer Wine no current license 3 days 100 business charged with Spedal Event Public or Private Property Beer Wine holding current license per event 10
the regular operation of Special Event Business Property Beer Wine Liquor no current license per event 50 said business on the Special Event Business Property Beer Wine Liquor no current
license 3 days 100 premises for which the Special Event Business Property Beer Wine Liquor holding current license per event 10 license is issued Business Name Ccoo is Su nsc G1L1 I
Location 1 it Old US Nlchioxv f0 Take Island Gn 31326 I Mailing Address pa 3xi 31S 2 SAVAYI vital Co 31440 I I Phone q 7 39 51b2 I Email76hhchiAhon @imtfiCI1i INamesand Home Addresses
of Owners Partners or Corporate Officers with Ten Percent 10 Interest in Business 1 Names attach additional pages if necessary I Date of Birth I Home Addresses I City State Zip I Social
Security 1 1CV M MtIllnhon 1106 11It3io1wn br 15avetrinethidl 1 1 1 1 I 1 1 1 Is business incorporated it State of Incorpgr 66 Date Incorporated 223 1 1 Names of landlord of the business
IocationM 1 qe i I t S Xpl bloI1N Address Po 6cx 83 1det k33Z one97 we916 u What other business is conducted at this location Has application been made for required State and Federal
Licenses Has applicant any person connected with or any person having an interest in this business o ever been convicted of any violation of law other than for a traffic violation i
0 o ever served time in prison or other correctional institution NO o ever had an alcohol beverage license suspended or revoked at any time in any location 0 if answer is yes give details
If this application is for RENEWAL of an existing license enter License Number of existing license N 0 If business is an eating establishment are SUNDAY sales of alcoholic beverages
contemplated YeS If yes submit additional affidavit ALL OF THE FOREGOING INFORMATION IS HEREBY GIVEN AND ALL OF THE FOREGOING STATEMENTS ARE HEREBY MADE ON OATH WILLFULLY KNOWINGLY AND
ABSOLUTELY AND THE SAME I5 AND ARE HEREBY SWORN TO ME TO BE TRUE UNDER PENALTY OF LAW Applicant Signature 4 a IW r Date 1 iil rR 1 h Approval Signature Date 4i I City Manager I 1 I S
orn to d subscri i r RI day of brl yl Zoning A I I P i J 1 Police ity council 1 1 1a ml k66ry Public1l OTgq 0 8 o 0 at S Fxp ANGIE ANDERSON 236 Public Chatham Coun GA y k lotary fires
March 5 2013 rS I 0 Commission Exp CC City Council 2011-03-10 2011-03-09 jl/mmb Page 7 of 29
The CONSENT FORM is required for ALL alcohol license applications CONSENT FORM I HEREBY AUTHORIZE THE TYBEE ISLAND POLICE DEPARTMENT TO REQUEST ANY CRIMINAL BACKGROUND HISTORY RECORD
INFORMATION PERTAINING TO ME WHICH MAY BE IN THE FILES OF ANY STATE OR LOCAL CRIMINAL JUSTICE AGENCY BE IT FURTHER UNDERSTOOD THAT THE PURPOSE OF OBTAINING THIS INFORMATION IS TO SATISFY
THE REQUIREMENTS SET FORTH BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND REGARDING AN ALCOHOL BEVERAGE LICENSE APPLICATION IacU 1tlahoh 1 FULL NAE PRINT SEX RACE DATE OF BIRTH
C 131Ut gerbil 0 ADDRESS SOCIAL SECURITY NUMBER Sotvot n viati 6i1 3ii 0 1littyfr IllI 1 zi 1 CITY STATE ZIP SIGNATURE DATE The ACKNOWLEDGEMENT is required for all LIQUOR BY THE DRINK
alcohol license applications ACKNOWLEDGEMENT I declare knowledge and understanding of Municipal Code Section 5880 There is levied an excise tax on the sale of distilled rits by the drip
t e amount of three percent of the charge to the public for the beverage 4au4R Z 2 11 SIGNATURE 1 DATE The AFFIDAVIT is required if SUNDAY SALES of alcohol for consumption on premises
are contemplated Food and beverage sales records prepared by a CPA are required to be furnished to the City upon request STATE OF GEORGIA COUNTY OF CHATHAM CITY OF TYBEE ISLAND AFFIDAVIT
I Tici n1 11 tMaII 011 do hereby make this affidavit to be part of my application for an alcohol beverage license in the City of Tybee Island to sell distilled spirits malt beverages
andor wine for the consumption on the premises in my eating establishment on Sunday Said establishment is located at 11 Old U S Phut An Tybee Island Georgia C s Snsue r1 lle I am the
awn r of the establishment known as I hereby further state that at least fifty percent 50 of the total annual gross food and beverage sales are derived from e sale of prepared meals
or food Ala 1141L 21 II SNAIURIE t DATE APProved Denied K Chief ofPolice 2 124 ItY0 Date I I City Council 2011-03-10 2011-03-09 jl/mmb Page 8 of 29
L CITYOF TYBEE ISLAND ENTERTAINMENT LICENSE APPLICATION Business Name 4 e o is n S e f r1 iree Location 1 4 Old us 1 ti ru A 50 yy bet S1Ar d GR Mailing Address pt 4 2 Os 2 r SITYnAah
14 19 I 0 I Phone 0 J2 39 69 I Email frVift ay a let 0 Yi e 40141 earl Federal ID 1 5 1 0 il ti q 9 I Sales Tax ID to s j b e Di I NAILS Code 1 ZZ 1 t b Business Type circle one Sole
Proprietor Partnership Corporation C LLC Non Profit Other Names and Home Addresses of Owners Partners or Corporate Officers Name Home Address City State Zip I Title 1rAtli 01ilti in
t31w4 Iftran a 1SlaAVAiin6P300 I Ovine 1 1 I I An establishment selling alcoholic beverages and desiring to provide live or recorded amplified music for the entertainment of its customers
shall obtain an entertainment license from the City An application for an entertainment license shall be made to the city manager in the name of the business establishment The annual
fee shall be050 This license is renewable on an annual basis on or before each December 31 A late penalty of 10 shall be assessed for a license payment made after April 1 An establishment
is exempted from the requirements of this section if the amplified recorded sound derives exciusiveiy from either a jukebox a radio or a digital music system supplied to the premises
by a cable television company under the franchise of the City A licant Signature 4 4 Date 141 pP 9 II Printed Name 1 1 fi t Al C rvi 110 VI r Received b 1 A Date l r Q ROUTING I SPPROVF
DENY n B 0j I DATE FEE City Manager I r21 r 364e 1 3Z1 9926 Entertainment License 500 Zoning Administrator I e 1 I 1 k Police Chief I0A1 oV 1 IL i I 24 1 I I I 1 I TOTAL DUE WITH APPLICATION
V l Reason for denial 403 Butler AvenuePOBox 2749 Tybee Island Georgia 313282749 912 7864573 FAX 9127958369 wcoitvowrftvabwee City Council 2011-03-10 2011-03-09 jl/mmb Page 9 of 29
BUSINESS LICENSE INFORMATION Every business in this city or doing business or engaged in business within the city is hereby required to have a business license from the city for the
privilege of engaging in a business profession or occupation within the corporate limits unless city licensing is prohibited under state law or the activity is exempted by this Code
Upon opening for business a health inspection is required for any business that has ice or food service An inspection can be set up with Chatham County Health Department at 3562893 Also
cooking requires an inspection by the County Fire Inspector at 201 4306 If any renovations are to be done a building permit is required If there are any questions concerning the above
permits required the Applicant can make an appointment to see someone in the Building Zoning Department for more information Reaistration of Contractors Any Contractor working on the
island must complete a Business License Application form The owner must present a current Business License and any State License held to be copied for the file The fee for a registered
contractor is200 The occupational tax is not required unless the Contractor does not hold a business license from another jurisdiction Regulatory fees are charged as follows please include
if your business falls under the following classifications LICENSE CLASSIFICATION FEE V Occupational Tax Business License Fee 10205 AdminisUdtive Fee 100 Retail BWeineer Package Sales
Only Consumption on Premises Prohibited 30500 Retail BWeineer Sale by Drink for Consumption on Premises Only 50705 Retail Liquor Sale by Package Only Consumption on Premises Prohibited
80500 Retail Liquor Sale by Drink for Consumption on Premises Only 120500 Retail Liquor Sale by Package Drink both in One Building under One Ownership 200000 Sunday Sales of Alcoholic
Beverages 10500 Wholesale Beer 70605 Wholesale Liquor 150000 Wholesale Wine 10500 Distiller Brewer or Manufacturer of Alcoholic Beverages 30000 Special Event Public or Private Property
Beer Wine no current license per event 500 Special Event Public or Private Property Beer Wine no current license 3 days 10000 Special Event Public or Private Property Beer Wine holding
current license per event 100 Special Event Business Property Beer Wine Liquor no current license per event 050 Special Event Business Property Beer Wine Liquor no current license 3
days 10000 Special Event Business Property Beer Wine Liquor holding current license per event 100 Advertising Bench per bench 2050 Amusements Itinerant Circus Camival 75 per day 600
maximum Beach Equipment Beach Vehicle and Water Craft Rental per site 30000 Bondsman 10605 Book Magazine Canvasser registration fee 4050 Contractor Registration Fee Building Construction
Contractors Subcontractors and Tradesmen licensed in another jurisdiction 200 Escort 50000 V Entertainment License 050 Insurance Sales 400 Massage therapist other miscellaneous health
practitioner 20500 Promoter Special Events Pageants Festivals Exhibitions Sporting Events Shows per Single Event 500 Transient Merchant per day 7050 Transient Rentals Registration Fee
4050 Vendor Festival Hawker per day 2050 Vendor Arts Crafts per event 2050 Pedicabs for hire 10000 Taxi Touring Vehides 10000 City Council 2011-03-10 2011-03-09 jl/mmb Page 10 of 29
12IbA CITY OF TYBEE ISLAND ALCOHOL LICENSE APPLICATION 1 Application is hereby made for a license to do business within the Gty of Tybee Island as a dealer in alcoholic m beverages as
indicated below LICENSE CLASSIFICATION I FEE I CHECK Notice The applicant Retail BWeineer Package Sales Only Consumption on Premises Prohibited 350 for a license shall be a Retail BWeineer
Sale by Drink for Consumption on Premises Only 575 citizen of the United States a resident of Retail Liquor Sale by Package Only Consumption on Premises Prohibited 850 Chatham County
and Retail Liquor Sale by Drink for Consumption on Premises Only 1250 owner of the business Retail Liquor Sale by Package Drink both in One Building under One Ownership 2000 or if a
corporation Sunday Sales of Alcoholic Beverages 150 1 partnership or other Wholesale Beer 765 legal entity is the Wholesale Liquor 1500 owner a substantial Wholesale Wine 150 1 and major
stockholder Distiller Brewer or Manufacturer of Alcoholic Beverages 300 or the applicant may be Special Event Public or Private Property Beer Wine no current license per event 50 Nt
the manager of the Special Event Public or Private Property Beer Wine no current license 3 days 100 business charged with Special Event Public or Private Property Beer Wine holding current
license per event 10 the regular operation of Special Event Business Property Beer Wine Liquor no current license per event 50 said business on the Special Event Business Property Beer
Wine Liquor no current license 3 days 100 1 premises for which the Special Event Business Property Beer Wine Liquor holding current license per event 10 I license is issued I Business
Name Friell Sk a i D l Lh Tk t r Location Mailing Address p ROx a3z 114 1eTC aSi a R I Phone f I 1 I Email 111 I VLl RTPAr 1 l 1 C GCS 1 Nand Home Addresses of Owners Partners or Corporate
Officers with Ten Percent 10 Interest n Business Names attach additional pages if necessary I Date of Birth I Home Addresses I City State Zip I Social Security Se1aA1 JON Es 1O128 1
1 Is business incorporated State of Incorporation Date Incorporated 1 7 O 1 Names of landlord of the business location J n4 Address Phone What other business is conducted at this location
f JA Has application been made for required State and FederalLicenses K I Has applicant any person connected with or any person having an interest in this business o ever been convicted
of any violation of law other than for a traffic violation L0 o ever served time in prison or other correctional institution h 1 1 o ever had an alcohol beverage license suspended or
revoked at any time in any location Nf if answer is yes give details r y If this application is for RENEWAL of an existing license enter License Number of existing license N A If business
is an eating establishment are SUNDAY sales of alcoholic beverages contemplated Ni 1A If yes submit additional affidavit ALL OF THE FOREGOING INFORMATION IS HEREBY GIVEN AND ALL OF THE
FOREGOING STATEMENTS ARE HEREBY MADE ON OATH WILLFULLY KNOWIINXTEr AND ABSOLUTELY AND THE SAME IS AND ARE HEREBY SWORN TO ME TO BE TRUE UNDER PENALTY OF LAW Applicant Sign re Date r
Approval Signature Date 1 City Manager 1 I Sworn to a subscribed before thi dayo2f19 I I zoning 1 1 1 rJ I Police I Nflv71 9 City Council I Notary blic BONNit J 1gr MOWN Public Chatham
County dA O My O0mnilsolon Explree November 27 2011 City Council 2011-03-10 2011-03-09 jl/mmb Page 11 of 29
Fidttkre 1cli4 Affidavit Verifying Status 4 for City Public Benefit Application By executing this affidavit under oath as an applicant for a City of Tybee Island Georgia Business License
or Occupation Tax Certificate Alcohol License Taxi Permit Contract or other public benefit as referenced inOCGASection 35160 I am stating the following with respect to my application
of a City of Tybee Island Business License or Occupational Tax Certificate Alcohol License circle all that apply Taxi Permit Contract Other public benefit for printed name of natural
person applying on behalf of individual business corporation partnership or other private entity 1 I am a United States citizen OR 2 I am a legal permanent resident 18 years of age or
older or I am an otherwise qualified alien ornimmoigrnant under the Federal Immigration and Nationality Act 18 years of age or older and lawfully present in the United States In making
the above representation under oath I understand that any person who knowingly and willfully makes a a false fictitious or fraudulent statement or representation in an affidavit shall
be guilty of a violation of Code Section 12106of the Official Code of Georgia 4ignatrie of Applicant 9 1 Date5dJNE Printed Name Alien Registration Number forNcitizoenns SUBSCRIBED AND
SW0 BEFORE ME ON THIS THE JS DAY OFt0024 20 11 0 BONNIE J HIER8 Notary Public 1Y10424e1 mx7coyhNmcasathtuwzaozmovbencmocorE2 jtLeit a dz11 My Commission Expires Note OCGA 2e35160requires
that aliens under the federal Immigration and Nationality Act Title 8USCas amended provide their alien registration number Because legal permanent residents are included in the federal
definition of alien legal permanent residents must also provide their alien registration number Qualified aliens that do not have an alien registration number may supply another identifying
number below City Council 2011-03-10 2011-03-09 jl/mmb Page 12 of 29
The CONSENT FORM is required for ALL alcohol license applications CONSENT FORM I HEREBY AUTHORIZE THE TYBEE ISLAND POLICE DEPARTMENT TO REQUEST ANY CRIMINAL BACKGROUND HISTORY RECORD
INFORMATION PERTAINING TO ME WHICH MAY BE IN THE FILES OF ANY STATE OR LOCAL CRIMINAL JUSTICE AGENCY BE IT FURTHER UNDERSTOOD THAT THE PURPOSE OF OBTAINING THIS INFORMATION IS TO SATISFY
THE REQUIREMENTS SET FORTH BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND REGARDING AN ALCOHOL BEVERAGE LICENSE APPLICATION FULL NAME PRINT SD RACE DATE OF BIRTH Ld rw3 ADDRESS
v Rm NUMBER 1 CITY STATE ZIP i1RE DATE The ACKNOWLEDGEMENT is required for all LIQUOR BY THE DRINK alcohol license applications ACKNOWLEDGEMENT I declare knowled nd understanding of
Municipal Code Section 5880 There is levied an excise tax on the sale of distilled spin 4 e drink in the amount of three percent of the charge to the public for the beverage SIGNATURE
DrE The AFFIDAVIT is required if SUNDAY SALES of alcohol for consumption on premises are contemplated Food and beverage sales records prepared by a CPA are require to be rnshed to the
City ul n request STATE OF GEORGIA COUNTY OF CHATHAM CITY OF TYBEE ISLAND AFFIDAVIT I do hereby make this affidavit to be part of my application for an alcohol beverage license in the
City of Tybee Island to sell distilled spirits malt beverages andor wine for the consumption on the premises in my eating establishment on Sunday Said establishment is located at Tybee
Island Georgia I am the of the establishment known as I hereby further state that at least filly percent 50 of the total annual gross food and beverage sales are derived from the sale
of prepared meals or food SIGNATURE DATEAL Approved 4 Senied IMOM Chief ofPolice I ill Date 4 eo 4 l0 City Council 2011-03-10 2011-03-09 jl/mmb Page 13 of 29
sroP 0 A4 44111 CITY OF TYBEE ISLAND y ALCOHOL LICENSE APPLICATION Application is hereby made for a license to do business within the Gty of Tybee Island as a dealer in alcoholic beverages
as indicated below LICENSE CLASSIFICATION I FEE CHECK Notice The applicant Retail BWeineer Package Sales Only Consumption on Premises Prohibited 350 I for a license shall be a citizen
of the United Retail BeerWine Sale by Drink for Consumption on Premises Only 575 I Retail Liquor Sale by Package Only Consumption on Premises Prohibited 850 1 States a resident of Chatham
County and Retail Liquor Sale by Drink for Consumption on Premises Only 1250 I 1 owner of the business Retail Liquor Sale by Package Drink both in One Building under One Ownership 2000
or if a corporation Sunday Sales of Alcoholic Beverages 150 1 partnership or other Wholesale Beer 765 I legal entity is the Wholesale Liquor 1500 I owner a substantial Wholesale Wine
150 I and major stockholder Distiller Brewer or Manufacturer of Alcoholic Beverages 300 1 or the applicant may be Special Event Public or Private Property Beer Wine no current license
per event 50 V 1 the manager of the Special Event Public or Private Property Beer Wine no current license 3 days 100 business charged with Special Event Public or Private Property Beer
Wine holding current license per event 10 1 the regular operation of Special Event Business Property Beer Wine Liquor no current license per event 50 1 said business on the Special Event
Business Property Beer Wine Liquor no current license 3 days 100 1 premises for which the Special Event Business Property Beer Wine Liquor holding current license per event 10 1 license
is issued Business Name Fri ii ii s C4 1 4Ph 1 t IA Q Location o f fIN DR Lih t A13 a e Mling ai ApaGl1 s I O Xv3S1 ill be 6 eKi 2 Phone 3 X I I Email 4 h1 IA oftlAar LIitf Names and
Home Addresses of Owners Partners or Corporate Officers with Ten Percent
10 Interest in Business INames attach additional pages if necessary I Date of Birth I Home Addresses I City State Zip I Social Security 15b e14 N OmPs 1 OFtlrerS k It f Al 3i11x Is business
incorporated yLs State of Incorporation 6A Date Incorporated 1 1 61 Names of landlord of the business location I 1 A Address Phone What other business is conducted at this location Kt
Has application been made for required State and Federal Licenses lk 1 tik Has applicant any person connected with or any person having an interest in this business o ever been convicted
of any violation of law other than for a traffic violation Nrj o ever served time in prison or other correctional institution K rl o ever had an alcohol beverage license suspended or
revoked at any time in any location KZ if answer is yes give details If this application is for RENEWAL of an existing license enter License Number of existing license Ne i If business
is an eating establishment are SUNDAY sales of alcoholic beverages contemplated 1Q If yes submit additional affidavit ALL OF THE FOREGOING INFORMATION IS HEREBY GIVEN AND ALL OF THE
FOREGOING STATEMENTS ARE HEREBY MADE ON OATH WILLFULLY KNOWIN Q ABSOLUTELY AND THE SAME IS AND ARE HEREBY SWORN TO ME TO BE TRUE UNDER PENALTY OF LAW ApplicantSign Date U 1 1 Approval
Signature Date I City Manager I I Sworn to and subscri before me this g dayodeC9 I Zoning kl f Police I K J I2A0V1AII tle Notary Public BO NI Q I tary Ptu6j1 mat o Cou ty 0 My CcmtittiD
BOA November 27 2011 City Council 2011-03-10 2011-03-09 jl/mmb Page 14 of 29
UOI2L1f 2 Affidavit Verifying Status 4 for City Public Benefit Application By executing this affidavit under oath as an applicant for a City of Tybee Island Georgia Business License
or Occupation Tax Certificate Alcohol License Taxi Permit Contract or other public benefit as referenced in0CGASection 35160 I am stating the following with respect to my application
of a City of Tybee Island Business License or Occupational Tax Certificate 7LLicensn circle all that apply Taxi Permit Contract Other public benefit for printed name of natural person
applying on behalf of individual business corporation partnership or other private entity 1 1 am a United States citizen OR 2 I am a legal permanent resident 18 years of age or older
or I am an otherwise qualified alien ornimmoigrnant under the Federal Immigration and Nationality Act 18 years of age or older and lawfully present in the United States In making the
above representation under oath I understand that any person who knowingly and willfully makes a false fictitious or fraudulent statement or representation in an affidavit sh e guilty
of a violation of Code Section 12106of the Official Code of Georgia iip signature of Applicant ac 1 Date3J oNES Printed Name Alien Registration Number forNcitizoenns SUBSCRIBED AND SWOR1
BEFORE ME ON TI THE i DAY OF 7 20 I BONNi AIRS my commrstio at tounty GA 27 2011 Notary Public 344AtAL q1072 Notary Public My Commission Expires 11TY1te c2 Note 0 CGA 2e35160requires
that aliens under the federal Immigration and Nationality Act Title 8USCas amended provide their alien registration number Because legal permanent residents are included in the federal
definition of alien legal permanent residents must also provide their alien registration number Qualified aliens that do not have an alien registration number may supply another identifying
number below City Council 2011-03-10 2011-03-09 jl/mmb Page 15 of 29
The CONSENT FORM is required for ALL alcohol license applications CONSENT FORM I HEREBY AUTHORIZE THE TYBEE ISLAND POLICE DEPARTMENT TO REQUEST ANY CRIMINAL BACKGROUND HISTORY RECORD
INFORMATION PERTAINING TO ME WHICH MAY BE IN THE FILES OF ANY STATE OR LOCAL CRIMINAL JUSTICE AGENCY BE IT FURTHER UNDERSTOOD THAT THE PURPOSE OF OBTAINING THIS INFORMATION IS TO SATISFY
THE REQUIREMENTS SET FORTH BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND REGARDING AN ALCOHOL BEVERAGE LICENSE APPLICATION FULL NAME PRINT SD RACE DATE OF BIRTH Ld rw3 ADDRESS
v Rm NUMBER 1 CITY STATE ZIP i1RE DATE The ACKNOWLEDGEMENT is required for all LIQUOR BY THE DRINK alcohol license applications ACKNOWLEDGEMENT I declare knowled nd understanding of
Municipal Code Section 5880 There is levied an excise tax on the sale of distilled spin 4 e drink in the amount of three percent of the charge to the public for the beverage SIGNATURE
DrE The AFFIDAVIT is required if SUNDAY SALES of alcohol for consumption on premises are contemplated Food and beverage sales records prepared by a CPA are require to be rnshed to the
City ul n request STATE OF GEORGIA COUNTY OF CHATHAM CITY OF TYBEE ISLAND AFFIDAVIT I do hereby make this affidavit to be part of my application for an alcohol beverage license in the
City of Tybee Island to sell distilled spirits malt beverages andor wine for the consumption on the premises in my eating establishment on Sunday Said establishment is located at Tybee
Island Georgia I am the of the establishment known as I hereby further state that at least filly percent 50 of the total annual gross food and beverage sales are derived from the sale
of prepared meals or food SIGNATURE DATEAL Approved 4 Senied IMOM Chief ofPolice I ill Date 4 eo 4 l0 City Council 2011-03-10 2011-03-09 jl/mmb Page 16 of 29
CITY OF TYBEE ISLAND ALCOHOL LICENSE APPLICATION Application is hereby made for a license to do business within the City of Tybee Island as a dealer inalcoholic beverages as indicated
below LICENSE CLASSIFICATION FEE CHECK Notice The applicant Retail BWeineer Package Sales Only Consumption on Premises Prohibited 350 for a license shall be a Retail BWeioneneer Sale
by Drink for Consumption on Premises Only 575 citizen of the United Retail Liquor Sale by Package Only Consumption on Premises Prohibited 850 1 SChtaattehsama Croeusnidtyent anodf Retail
Liquor Sale by Drink for Consumption on Premises Only 1250 I I owner of the business SRuentadilayLiSqauloers ofSaAllecobhyolPicacBkeavgeerageDsrink both in One Building under One Ownership
2001500 oprartnief rshaip coorrporaottihoenr Wholesale Beer 765 legal entity is the Wholesale Liquor 1500 I owner a substantial Wholesale Wine 150 and major stockholder Distiller Brewer
or Manufacturer of Alcoholic Beverages 300 l or the applicant may be Special Event Public or Private Property Beer Wine no current license per event I 50 i the manager of the Special
Event Public or Private Property Beer Wine no current license 3 days I 100 V business charged with Special Event Public or Private Property Beer Wine holding current license per event
1 10 the regular operation of Special Event Business Property Beer Wine Liquor no current license per event I 50 said business on the Special Event Business Property Beer Wine Liquor
no current license 3 days I 100 premises for which the Special Event Business Property 13 Beer Wine Liquor holding current license per event I 10 license is issued Business Name v i
1 r irk It I r TY 1c 14t6w tke LZ rP r Location t t 1 vk VS 1 Wi O f A I t t kZito ri 4 c 1 Mailing Address Phone t p x 1 q 33 7 I Email tlih HQit eLti rP114406 0ii4 1 Names and Home
Addresses of Owners Partners or Corporate Officers with Ten Percent 10 Intere in Business INames attach additional pages if necessary I Date of Birth I Home Addresses I City State Zip
I Social Security Security 1 5 0 dk S F Ci yoidt k I i c ji7lnl I I 1 111 1 I I I I Is business incorporated Lit State of Incorporation 6 Date Incorporated 0 Names of landlord of the
business location IJ ievl Address Phone What other business is conducted at this location 1li4 Has application been made for required State and Federal Licenses NIto Has applicant any
person connected with or any person having an interest in this business o ever been convicted of any violation of law other than for a traffic violation 14 0 o ever served time in prison
or other correctional institution is 0 o ever had an alcohol beverage license suspended or revoked at any time in any location i 0 if answer is yes give details If this application is
for RENEWAL of an existing license enter License Number of existing license KJ 0 If business is an eating establishment are SUNDAY sales of alcoholic beverages contemplated LIPS If yes
submit additional affidavit ALL OF THE FOREGOING INFORMATION IS HEREBY GIVEN AND ALL OF THE FOREGOING STATEMENTS ARE HEREBY MADE ON OATH WILLFULLY KNOWINGLY SOLUTELY AND THE SAME IS
AND ARE HEREBY SWORN TO ME TO BE TRUE UNDER PENALTY OF LAW Applicant Signature Date L Approval rgnatrife Date 1 1 City Manager 1f1Jil Vfi Sworn to and scribed beforeme 2 day of7142 d0
Zoning i O I Police r 1 A IS L i City Council 1 Notary Public U BONNIE J HERS Notary Com PublicisslonExpChm 1 OA My mireshat November aCountyCity Council 2011-03-10 2011-03-09 jl/mmb
27 2011 Page 17 of 29
F Affidavit Verifying Status i for City Public Benefit Application By executing this affidavit under oath as an applicant for a City of Tybee Island Georgia Business License or Occupation
Tax Certificate Alcohol License Taxi Permit Contract or other public benefit as referenced inOCGASection 50361 I am stating the following with respect to my application of a City of
Tybee Island Business License or Occupational Tax Certificate Alcohol License e circle all that apply Taxi Permit Contract Other public benefit for printed name of natural person applying
on behalf of individual bu ess corporation partnership or other private entity 1 1 am a United States citizen OR 2 I am a legal permanent resident 18 years of age or older or I am an
otherwise qualified alien or non immigrant under the Federal Immigration and Nationality Act 18 years of age or older and lawfully present in the United States In making the above representation
under oath I understand th son who knowingly and willfully makes a false fictitious or or fraudulent statement or representation in an a vit shall b it of a violation of Code Section
161020 of the Official Code of Georgia Signatur fApplicant Date A J3NES Printed Name Alien Registration Number for Non citizens SUBSCR ED AND SW a c BEFO ME ON THIS THE DAY OF 20 1 BONNIE
J HIERS Notary Public Chatham County GA Notary Public 7 1 My Commission Expires November 27 2011 My Commission Expires LYUZt R Note O CGA 50361e2requires that aliens under the federal
Immigration and Nationality Act Title 8USCas amended provide their alien registration number Because legal permanent residents are included in the federal definition of alien legal permanent
residents must also provide their alien registration number Qualified aliens that do not have an alien registration number may supply another identifying number below City Council 2011-03-10
2011-03-09 jl/mmb Page 18 of 29
1 9Rq The CONSENT FOR is required for ALL alcohol Incense applications CONSENT FORM I HEREBY AUTHORIZE THE TYBEE ISLAND POLICE DEPARTMENT TO REQUEST ANY CRIMINAL BACKGROUND HISTORY RECORD
INFORMATION PERTAINING TO ME WHICH MAY BE IN THE FILES OF ANY STATE OR LOCAL CRIMINAL 3US AGENCY BE IT FURTHER UNDERSTOOD THAT THE PURPOSE OF OBTAINING THIS INFORMATION IS TO SATISFY
THE REQUIREMENTS SET FORTH BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND REGARDING AN ALCOHOL BEVERAGE LICENSE APPLICATION 5 JONES tv 21110f FULL NAME PRINT SEX RACE DATE OF BIRTH
C I bnc t P ADDRESS a NUMBER 50Av C 314 J rlob S1 CITY STATE ZIP ATURE DATE The ACKNOWLEDGEMENT is required for all LIQUOR BY THE DRINK alcohol license applications ACKNOWLEDGEMENT I
declare knowl and u rstanding of Municipal Code Section 5880 There is levied an excise tax on the sale of distilled spi e d k in the amount of three percent of the charge to the public
for the beverage t 1 SI DATE The AFFIDAVIT is required if SUNDAY SALES of alcohol for consumption on premises are contemplated Food and beverage sales records prepared by a CPA are required
to furnishi to the City up in request STATE OF GEORGIA COUNTY OF CHATHAM CITY OF TYBEE ISLAND AFFIDAVIT I do hereby make this affidavit to be part of my application for an alcohol beverage
license in the City of Tybee Island to sell distilled spirits malt beverages andor wine for the consumption on the premises in my eating establishment on Sunday Said establishment is
located at Tybee Island Georgia I am the of the establishment known as I hereby further state that at least fifty percent 50 of the total annual gross food and beverage sales are derived
from the sale of prepared meals orfi SIGNATURE DATE i Approved Denied 1 ChiefofPolice L10411 Date 1 I City Council 2011-03-10 2011-03-09 jl/mmb Page 19 of 29
FEl 41 CITY OF TYBEE ISLAND ALCOHOL LICENSE APPLICATION f Application is hereby made for a license to do business within the Oty of Tybee Island as a dealer in alcoholic 1s beverages
as indicated below LICENSE CLASSIFICATION I FEE CHECK Notice The applicant Retail BeerWine Package Sales Only Consumption on Premises Prohibited 1 350 for a license shall be a Retail
BeerWine Sale by Drink for Consumption on Premises Only j 575 citizen of the United States a resident of Retail Liquor Sale by Package Only Consumption on Premises Prohibited 850 Retail
Liquor Sale by Drink for Consumption on Premises Only 1 1250 1 Cowhantehramof Cthoeunbtyusinaensds Retail Liquor Sale by Package Drink both in One Building under One Ownership 2000 1
or if a corporation Sunday Sales of Alcoholic Beverages I 150 1 partnership or other Wholesale Beer I 765 legal entity is the Wholesale Liquor j 1500 owner a substantial Wholesale Wine
I 150 1 and major stockholder Distiller Brewer or Manufacturer of Alcoholic Beverages 1 300 1 or the applicant may be Special Event Public or Private Property Beer Wine no current license
per event 1 50 t 1 the manager of the Special Event Public or Private Property Beer Wine no current license 3 days j 100 1 business charged with Special Event Public or Private Property
Beer Wine holding current license per event I 10 j the regular operation of Special Event Business Property Beer Wine Liquor no current license per event 1 50 1 said business on the
Special Event Business Property Beer Wine Liquor no current license 3 days 1 100 premises for which the Special Event Business Property Beer Wine Liquor holding current license per event
I 10 I license is issued Business Name r n1nrs n riLE YRe Fr1 WTile Location 1 f RhlI 413FF 151 d 13a Mailing Address pA plo a 10 iBf i Cpl F Z Phone GI 1 3 q1D1 1 Email4 fJM tjAlm Names
and Home Addresses of Owners Partners or Corporate Officer with Ten Percent 10 Interest in Business Names attach additional pages if necessary I Date of Birth I Home Addresses City State
Zip I Social Security 15 joiuF S jca1t z kf 1 5A U Cow 346 1 Is business incorporated 1 0 ofIncorporation v Date Incorporated l r a Names of landlord of the business locationP4 Address
Phone What other business is conducted at this location hl Jk Has application been made for required State and Federal Licenses 11 Has applicant any person connected with or any person
having an interest in this business o ever been convicted of any violation of law other than for a traffic violation o ever served time in prison or other correctional institution t
A o ever had an alcohol beverage license suspended or revoked at any time in any location t II if answer is yes give details f Vy If this application is for RENEWAL of an existing license
enter License Number of existing license N N If business is an eating establishment are SUNDAY sales of alcoholic beverages contemplated Nill If yes submit additional affidavit ALL OF
THE FOREGOIN k ORMATION IS HEREBY GIVEN AND ALL OF THE FOREGOING STATEMENTS ARE HEREBY MADE ON OATH WILLFULLY KNOWI r AN i ABSOLUTELY AND THE SAME IS AND ARE HEREBY SWORN TO ME TO BE
TRUE UNDER PENALTY OF LAW Applicant Signa Date 16 11 Approval Signature Date 1 City Manager 1 1 Sworn t nd subscribed before me day2664 f 1 Zoning 1 1 C J 1 Police 1 K 1 I 1 Z 1 City
Council I Y I yam 1 Notary Public City Council 2011-03-10 2011-03-09 jl/mmb Page 20 of 29
letie Affidavit Verifying Status aAfor City Public Benefit Application By executing this affidavit under oath as an applicant for a City of Tybee Island Georgia Business License or Occupation
Tax Certificate Alcohol License Taxi Permit Contract or other public benefit as referenced in 1CGAS Section 53106 I am stating the following with respect to my application of a City
of Tybee Island Business License or Occupational Tax Certificate Alcohol License circle all that apply Taxi Permit Contract Other public benefit for printed name of natural person applying
on behalf of individual bu ess coiporation partnership or other private entity 1 1 am a United States citizen OR 2 I am a legal permanent resident 18 years of age or older or I am an
otherwise qualified alien ornimmoigannt under the Federal Immigration and Nationality Act 18 years of age or older and lawfully present in the United States In making the above representation
under oath I understand th son who knowingly and willfully makes a false fictitious or fraudulent statement or representation in an a vit shall b t IL of a violation of Code Section
12106of the Official Code of Georgia 4111111111111111r 411Pl1A1IM11p Signatur of Applicant Date Ri9 J3NES Printed Name Alien Registration Number forNcitizoenns SUBSCRMED AND SW BEFO
E ME ON THIS THE DAY OF 20 n BONNIE J HIERS ic 4I4tAt 46d4 Notary Public Chatham County GA Notary Publ My Commission Expires November 27 2011 My Commission Expires 7tCrNeoaLeA c9DI Note
0 CGA 35I602e requires that aliens under the federal Immigration and Nationality Act Title 8USCas amended provide their alien registration number Because legal permanent residents are
included in the federal definition of alien legal permanent residents must also provide their alien registration number Qualified aliens that do not have an alien registration number
may supply another identifying number below City Council 2011-03-10 2011-03-09 jl/mmb Page 21 of 29
1 9Rq The CONSENT FOR is required for ALL alcohol Incense applications CONSENT FORM I HEREBY AUTHORIZE THE TYBEE ISLAND POLICE DEPARTMENT TO REQUEST ANY CRIMINAL BACKGROUND HISTORY RECORD
INFORMATION PERTAINING TO ME WHICH MAY BE IN THE FILES OF ANY STATE OR LOCAL CRIMINAL 3US AGENCY BE IT FURTHER UNDERSTOOD THAT THE PURPOSE OF OBTAINING THIS INFORMATION IS TO SATISFY
THE REQUIREMENTS SET FORTH BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND REGARDING AN ALCOHOL BEVERAGE LICENSE APPLICATION 5 JONES tv 21110f FULL NAME PRINT SEX RACE DATE OF BIRTH
C I bnc t P ADDRESS a NUMBER 50Av C 314 J rlob S1 CITY STATE ZIP ATURE DATE The ACKNOWLEDGEMENT is required for all LIQUOR BY THE DRINK alcohol license applications ACKNOWLEDGEMENT I
declare knowl and u rstanding of Municipal Code Section 5880 There is levied an excise tax on the sale of distilled spi e d k in the amount of three percent of the charge to the public
for the beverage t 1 SI DATE The AFFIDAVIT is required if SUNDAY SALES of alcohol for consumption on premises are contemplated Food and beverage sales records prepared by a CPA are required
to furnishi to the City up in request STATE OF GEORGIA COUNTY OF CHATHAM CITY OF TYBEE ISLAND AFFIDAVIT I do hereby make this affidavit to be part of my application for an alcohol beverage
license in the City of Tybee Island to sell distilled spirits malt beverages andor wine for the consumption on the premises in my eating establishment on Sunday Said establishment is
located at Tybee Island Georgia I am the of the establishment known as I hereby further state that at least fifty percent 50 of the total annual gross food and beverage sales are derived
from the sale of prepared meals orfi SIGNATURE DATE i Approved Denied 1 ChiefofPolice L10411 Date 1 I City Council 2011-03-10 2011-03-09 jl/mmb Page 22 of 29
City Council 2011-03-10 2011-03-09 jl/mmb Page 23 of 29
City Council 2011-03-10 2011-03-09 jl/mmb Page 24 of 29
City Council 2011-03-10 2011-03-09 jl/mmb Page 25 of 29
Tybee Island Marine Science Center Minutes of January 26, 2010 Board Meeting Present: Mike, Debbie, Dionne, Maria, Judy, John The agenda was approved. The minutes for December were approved
with two corrections. Mike will forward approved minutes to the city. Treasurers Report: A motion was made and approved that budget item 8590 should be clarified and approved prior to
making expenditures in that category. It was requested that December’s financial reports be sent out. The financial reports for 2010 showed very positive results; several items were
discussed, and Maria was commended. Maria reiterated the reason for not using a debit card was the lack of expenditure limits that could be set on the card. Executive Director Report:
Maria reported that the 2010 year end financials are shown on an accrual basis. It was stated that June 4th would be the date of this years kayak race. Maria requested that the date
for the 2012 race be set prior to the 2011 race, a suggestion that Debbie agreed would be beneficial. Maria showed several of this year’s marketing endeavors in publications/handouts
that included those directed at girl scouts and hotel visitors. Debbie would also like to insert advertisement of the kayak race in one of the next electronic newsletters. A motion was
made and approved that checks paying our bills to Humana and Georgia Power be exempt from the two signature requirement on checks exceeding $1200. Maria discussed the changes and reinforcements
made to help prevent break in of the center. Maria brought up the request of Paul Wolf and Joe Richardson to have the center sign off on a grant request. After discussion that included
the need of a grant being a match of the centers mission, the need for us to monitor it, and for it to cover costs, the following motion was made and approved: Pending approval of a
final proposal, that we agree to serve as the applicant for the Wolf/Richardson water quality proposal to the Pentecost Ecology Fund dependent on the inclusion of a informational product
created created for us of our choosing. It was decided that Maria would make the decision of the proposal based on the above motion with the assistance of Dionne. Final disbursement
of monies from us should be dependent on receipt of the educational product. Committee Reports: Debbie received confirmation of us helping with this year’s Kayak race. It was suggested
that we send out an email requesting volunteer assistance using our electronic mailing list. Debbie requested that members complete their homework assignments for the next development
meeting. Tentatively, it was decided that the next development meeting be held at the center at 5pm on Thursday February 24th. It is understood that this is the day following our board
meeting. Action Items. Details above. 1.Maria to provide clarification of budget item 8590 for our approval of expenditures from that category. 2. Maria to send out December financials.
3. Board members to complete development homework assignments for the meeting to be held on 2/24. 4. Next board meeting; February 23 in the center at 7pm City Council 2011-03-10 2011-03-09
jl/mmb Page 26 of 29
1 PLANNING COMMISSION CITY MANAGER Demery Bishop Diane Schleicher Marianne Bramble Rob Callahan PLANNING AND ZONING MANAGER Henry Levy Jonathan H. Lynn John Major, Vice Chair Tyler Marion
CITY ATTORNEY Monty Parks, Chair Edward M. Hughes MINUTES Planning Commission Meeting February 15, 2011 – 7:00 p.m. Mayor pro tem Shirley Sessions called the February 15, 2011, Planning
Commission meeting to order. Present were Marianne Bramble, Rob Callahan, Henry Levy, John Major, Tyler Marion, and Monty Parks. Absent was Demery Bishop. Mayor pro tem Shirley Sessions
administered an oath of office to Henry Levy, John Major, and Tyler Marion. Each had been appointed by City Council to serve a two-year Planning Commission term ending January 31, 2013.
Mayor pro tem Shirley Sessions called for nominations for Planning Commission Chair. John Major nominated Monty Parks. Rob Callahan seconded the motion. Voting in favor were Marianne
Bramble, Callahan, Major, and Tyler Marion. Henry Levy abstained. The motion to appoint Parks Parks as Chair passed with a 4-0 vote. Mayor pro tem Shirley Sessions called for nominations
for Planning Commission Vice Chair. Marianne Bramble nominated John Major. The motion was seconded by Monty Parks. The vote was unanimous. The motion to appoint Major as Vice Chair passed.
Chair Monty Parks asked if there were any Disclosures or Recusals. There were none. Chair Monty Parks asked for a motion on the Minutes of the January 18, 2011, Planning Commission meeting.
John Major moved to approve the Minutes. Rob Callahan seconded the motion. Marianne Bramble, Callahan, Major, and Tyler Madison voted in favor. Henry Levy abstained. The motion to approve
the Minutes passed with a 4-0 vote. Jonathan Lynn requested that consideration of the Shore Protection Ordinance Review Committee be moved up on the agenda as City Manager Diane Schleicher
was in attendance to discuss the item. Schleicher spoke of the City’s past history of forming ad hoc committees. She provided information about the Memorial Park Ad Hoc Committee and
the Public Safety Ad Hoc Committee. She explained that a Resolution spells out the purpose of a committee, outlines the membership of the committee, and establishes a time period for
the committee to report to the City Council with a recommendation. Schleicher discussed a provision for requesting an extension of time, if needed. John Major suggested this Committee
include representatives from the Planning Commissioners, City Council, the Beach Task Force, property owners who would be impacted by the ordinance, and, since the Georgia Shore Protection
Act provides for City Council 2011-03-10 2011-03-09 jl/mmb Page 27 of 29
2 assistance to municipalities drafting their own shore protection ordinances, contact with that person. He also suggested Clark Alexander, not as a voting member but as a recognized
expert. He asked how many Planning Commissioners were designated to participate. Jonathan Lynn said Council did not want to limit the number of people; anyone who might have an interest
and some justifiable input ought to be allowed to serve. After discussion among the group of the membership, voting members, and scope of work, Major motioned that the scope of the Shore
Protection Ordinance Review Committee would be to define the objectives of Tybee Island’s shore protection, review the previous ordinance that was in place until August 2008, review
the current ordinance, review the proposed ordinance, review the Georgia Shore Protection Act which defines areas of operation, and then look at how each of those meets or fails to meet
the objectives. After discussion Tyler Marion seconded the motion. The vote was unanimous. The motion to approve that the scope of the Shore Protection Ordinance Review Committee would
be to define the objectives of Tybee Island’s shore protection, review the previous ordinance that was in place until August 2008, review the current ordinance, review the proposed ordinance,
review the Georgia Shore Protection Act which defines areas of operation, and then look at how each of those meets or fails to meet the objectives passed with a 5-0 vote. Chair Monty
Parks asked that they discuss length of term. Following consideration by those present Rob Callahan moved that the committee do its work in six months. Marianne Bramble seconded the
motion. After discussions that included the ability to request an extension from City Council and suggestions of three months and four months, Parks called for a vote on the motion of
six months. Voting in favor were Bramble, Callahan, and Tyler Marion. Voting in opposition were Henry Levy and John Major. The motion to approve a six month length of time for the committee
to do do its work passed with a 3-2 vote. Schleicher confirmed with the others that the recommendation for membership of the Committee was the Planning Commission as a whole along with
one or two members of City Council, members of the Beach Task Force, impacted property owners, and, as advisory, Clark Alexander from Skidaway and someone representing the DNR, perhaps
Sonny Emmert. Chair Monty Parks opened a Public Hearing for a Text Amendment to Article 5 – Procedures for Administration and Enforcement, other than Sections 5-001, 5-002 through 5-008,
5-009, 5-010, 5-030, 5-050, and 5-070, which were previously approved. Lynn suggested having public input first. Parks called for public input. Freda Rutherford, 120 Eagles Nest Drive,
expressed that Section 5-080, Site Plan Approval, did not address under what circumstances such approval was required and there was no reference to notification. She suggested adding
to
Subsection (A), Process, that incomplete applications could not move forward. For Section 5-090, Variances, Rutherford proposed that Subsection (A), Standards, be expanded to include
an undue hardship to a property owner in the following circumstances and to existing structures only: for safety, to allow a second set of stairs in a setback when no other alternative
was feasible; health, to allow an elevator or lift in a setback with documentation from a physician and when no other alternative was feasible; historic preservation, to preserve or
restore the historical integrity of a property on a current or new site as attested to by the Historical Society; and to save a tree that meets the significant tree definition. Referencing
Subsection (B), Height Variances, Rutherford proposed that a petitioner be required to give something back to the community in return for a variance. She gave examples of requiring removal
of non-pervious surfaces, xeriscaping, and removal of irrigation systems. As Rutherford concluded her comments she recommended that Subsection (F), Compliance with Ordinances, be modified
to include that Staff schedule a hearing only when a genuine hardship of a property or resident exists. Section 5-060, Public Hearing Requirements, was considered by the Planning Commission.
Lynn said he met with the City Attorney about O.C.G.A. § 36-67 which deals with campaign disclosure requirements. He said they found that Tybee’s ordinance was incompatible with state
law. He said the five days prior to a hearing requirement only applies to a rezoning action and only to those in opposition to a request. Lynn recommended adding as the first sentence
of Subsection (A)(5): “In the case of a rezoning application the requirements of O.C.G.A. § 36-67 shall apply.” From the last sentence of that paragraph, Lynn recommended striking “…five
days prior to the official public hearing.” Also recommended was City Council 2011-03-10 2011-03-09 jl/mmb Page 28 of 29
3 changing of “applicant” to “speaker” in (b), (c), and (d). After discussion, Lynn explained that seven or eight days prior to each Planning Commission meeting Staff would have an advertisement
published in the Savannah Morning News which would include wording that anyone wishing to speak in opposition to a rezoning request that has contributed an aggregate of $250 or more
within the past two years to any current elected official must submit a Campaign Disclosure form to City Hall five days prior to the hearing. It was agreed to add the wording to the
agendas. Parks clarified that the five calendar day requirement applied to rezoning actions, not to variances or site plans, and it was only for those that wanted to speak against rezoning
requests. Lynn confirmed that for a variance or site plan request, submittal of the form was required prior to a speaker getting to the podium. Following discussion of the proposed changes,
Lynn stated that the form was required only if someone had contributed $250 or more; more; someone wishing to speak in opposition who had not made such contributions would not be required
to submit a form. After discussion, Marianne Bramble asked if submitted forms would remain on file. Lynn said no, they would be hearing specific. After further deliberations, Lynn said
the proposed revisions to Section 5-060 would be prepared by Staff and would be submitted for consideration at the next Planning Commission meeting. After discussion of “a minimum of
ten-minutes” within the last sentence of 5-060(A) it was unanimously agreed to strike the sentence. Moving to Section 5-040, Application for Permits or Actions Under this Land Development
Code, Lynn conveyed that it was City Council’s wish to strike Subsection (H), Administrative Approval of Minor Subdivisions. He said that it did not include recombinations or duplexes
which are addressed in another section. Henry Levy so moved. Major seconded. The vote in favor was unanimous. The motion to delete Section 5-040(H) passed with a 5-0 vote. The language
of Section 5-010, Permits Required for Construction, Subsection (B), Relocation Permit, was affirmed. In Section 5-020, Permits or Actions Required by this Land Development Code, Subsection
(I)(1), Land-disturbing Activity Permit (LDAP), was reworded to: “…any land disturbing activity on land over 1-1/10 of an acre or any land disturbing activity within 200 feet of state
waters…” Major motioned to approve. Levy seconded. The vote was unanimous. The motion to approve the rewording of Section 5-020(I)(1) passed with a 5-0 vote. Major asked why the proposed
revisions to Section 5-020(F), Subdivision of Land, had been deleted. Lynn explained that the provisions were covered in the sections referenced in the last sentence of the paragraph.
Major asked if the first sentence was accurate. Lynn said yes. The paragraph was revised to: “Whenever a lot, parcel, or tract of land is divided into two or more parts, the owner must
submit a preliminary subdivision plan to the designated City official in compliance with Sections 5-040(A) and (G), and Sections 5-130, 5-140, and 5-150.” At Major’s suggestion Lynn
agreed to add the major and minor subdivision definitions. Tyler Marion motioned to approve as amended. Callahan seconded. The motion to approve Section 5-020(F) as amended passed with
a 5-0 vote. Lynn said the City Attorney suggested the addition of Section 5-041, Lot Recombination, with the wording: “Recombination of lots in their entirety may be approved by Staff
so long as there is no creation of a nonconforming lot or structure.” After discussion, Lynn said the section would be discussed at the next meeting. Henry Levy spoke of the Planning
Commission Rules of Procedure stating that an abstention counted as a vote in favor of a motion. He said he objected to that. John Major said it was a City Charter issue. Chair Monty
Parks asked how to approach amending or changing it. After discussion of abstentions and recusals and Robert’s Rules of Order, it was requested that Staff put the topic on the Planning
Commission’s next agenda. Jonathan Lynn said this would be his last Planning Commission meeting. He thanked the Commissioners and wished them the best of luck. Rob Callahan motioned
to adjourn and Tyler Marion seconded the motion. The vote was unanimous and the meeting was adjourned. City Council 2011-03-10 2011-03-09 jl/mmb Page 29 of 29
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 COE 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 City Council 2011-03-10 2011-03-09 jl/mmb Page 2.1
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 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 City Council 2011-03-10 2011-03-09
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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 the fifty percent 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 would solve a lot of problems such as the wind blowing stuff around. Mayor Buelterman
asked if 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 COE., due by the twenty fifth. He said we would be canceling the meeting on the twenty seventh and advertising for a meeting on the twentieth. He said if there
are other pressing items needing to be City Council 2011-03-10 2011-03-09 jl/mmb Page 2.3
Prepared 01/19/2011vw Page 4 of 22 dealt with before February, they could consider them on the twentieth. Wolff said what the Corps 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 City Council 2011-03-10 2011-03-09
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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, Becky Setliff, 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 City Council
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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 that council 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-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 booboo 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 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 Ty 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 City Council 2011-03-10 2011-03-09
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Prepared 01/19/2011vw Page 7 of 22 rainwater for the bathrooms which is what this plan is about. Ty 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 councilperson. 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 Buelterman 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 Mahal. 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 over the sinks saying the City Council 2011-03-10 2011-03-09
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Prepared 01/19/2011vw Page 8 of 22 water is not potable 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 caretakers 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 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 City Council
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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 City Council 2011-03-10 2011-03-09 jl/mmb Page 2.9
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 City Council 2011-03-10 2011-03-09 jl/mmb Page 2.10
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. City Council 2011-03-10 2011-03-09
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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 were what you are choosing to do you would be able to participate as a property owner but not in your capacity as a councilperson. 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 meetings of the Tybee Island City Council. 20101209 City Council Minutes Paul Wolff
moved to approve. Frank Shuman seconded. 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. Shirley Sessions moved to approve. Bill Garbett secondend. 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. Paul Wolff moved to approve. Frank Shuman seconded. The vote was Wolff, Schuman, Garbett, Sessions and Williams in favor and
Doyle opposed. Citizens to be heard. City Council 2011-03-10 2011-03-09 jl/mmb Page 2.12
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 the 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. City Council 2011-03-10 2011-03-09 jl/mmb Page 2.13
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 mislead 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 City Council 2011-03-10 2011-03-09 jl/mmb Page 2.14
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 City Council 2011-03-10 2011-03-09 jl/mmb
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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
Buelterman 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. City Council 2011-03-10 2011-03-09
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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 City Council 2011-03-10 2011-03-09 jl/mmb Page 2.17
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 City Council
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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 City Council 2011-03-10 2011-03-09 jl/mmb Page 2.19
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, City Council 2011-03-10 2011-03-09 jl/mmb
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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. City Council 2011-03-10 2011-03-09 jl/mmb Page 2.21
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. City Council 2011-03-10 2011-03-09 jl/mmb Page 2.22
Draft Minutes, City Council Meeting, 02242011jrl 1 20110224 City Council Minutes Mayor Buelterman called the consent agenda meeting to order at 6:30pm on Thursday, February 24, 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, Interim Zoning Director Dianne Otto and Acting Clerk of Council Jan LeViner. Mayor Buelterman listed the following items on the consent agenda: Consideration
of Better Hometown Board applicant, Beth Martin Application for Beer/Wine/Liquor, Sunday Sales: Nickie’s Bar and Grill Alcohol License: New name/new owner/change of license holder Emergency
payment for water main breaks at curb at Highway 80 to BRW Construction Company, $28,800. Budget line item number 505-4410-52-2205 Drinking Water laboratory and Related Services renewal
of contract for a three (3) year period. Annual fee of $8,910.00 Memorandum of Understanding, Bike Loaners Program Curbside Accelerated Recycling Grant Program Bill Garbett, request
for him to attend the salt water intrusion steering committee meeting in Hilton Head, SC, March 4, 2011 Mayor Buelterman adjourned the consent agenda meeting. Mayor Buelterman called
the regular meeting of the city council to order at 7:00pm. Those present at the consent agenda meeting also attended the regular meeting. Susan Hill gave the invocation and everyone
recited the Pledge of Allegiance to the Flag. Tybee Island Chief of Police, Robert Bryson was sworn in by the Honorable Steven Scheer. After taking his oath, he was congratulated by
Mayor Buelterman and city council members. Mayor Buelterman invited everyone to attend a Meet and Greet for Chief Bryson on Sunday, February 27, 2011 at the Guard House. He also thanked
the city council for their professionalism during the process and commended their support with the city manager. Mayor Buelterman presented a Proclamation to Leadership Tybee. He introduced
David McNaughton, Jonathan Lynn, Kim Wilson, Greg Stoeffler, Robert Bryson, Amy Gaster, Fawn Smiley, Sadie Gaster and Dale Williams as the first graduating class of Leadership Tybee
and thanked them for all their accomplishments and declared Thursday, February 24, 2011 as Leadership Tybee Day on Tybee Island and encourage everyone to congratulate the members of
the first graduating class. Recognition, Planning Commission Members. Mayor Buelterman postponed the presentation until next meeting when members may be available. Barbara Hurst, Transportation
Director, Coastal Regional Commission of Georgia. She stated that they have recently begun the Coastal Regional Coaches Program that is now operating in ten (10) counties in City Council
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Draft Minutes, City Council Meeting, 02242011jrl 2 the coastal region. This program provided cost savings, and reduces the need of vehicles on the road. These buses are ADA compliant
therefore expanding mobility options. Individuals in rural areas can call their 866 phone number 24 hours in advance to schedule a pickup with Coastal Regional Coaches to and /or from
other areas. Individuals will need to call 24 hours in advance to make a reservation and transportation costs are $3.00 each way per passenger and fares must be paid at boarding. Ms.
Hurst further explained that the program will allow Tybee residents to travel outside their counties and fares would be $3.00 for each boundary crossed. Funding for these services are
paid for by local city/county governments, Department of Human Services, GA Department of Transportation, Federal Transit Administration, Coastal Regional Commission and ridership fares.
Coastal Regional Commission is moving forward with more efficient methods via call center, improved security and forms of payment with their coaches system. As an extension of the regional
rural public transit service, the Tybee Shuttle will begin March 7, 2011. The twice-daily service will be at 10:00am and 5:00pm seven days a week originating at the Savannah Visitor’s
Center dropping off at two locations, Tybrisa/Strand Roundabout and the Lighthouse at north beach and returning to Savannah. The hope is that more people will use this system and demand
will increase to reduce vehicular congestion and parking issues on the island. There is no prior reservation necessary for this shuttle service. The cost is $3.00 each way per passenger
and fares are due at time of boarding, first come, first served. She knows transportation is needed at Tybee and they are starting it with the shuttle. It will be adjusted as demand
dictates. March 7, 2011 will be a media event for a ribbon cutting ceremony to kick off the first shuttle route. Barbara also reviewed the component program they have available which
is the Van Pool program for employees that commute to and from Tybee Island. The costs can be offset with federal funds and community match with employers and /or employees assistance.
Paul Wolff thanked Barbara for her perseverance in this project as well as Chantel Morton. Paul had hoped that we would be able to participate in the “on demand” program as well as Tybee
has an aging population and it is getting more difficult for our residents to get to Savannah for their personal needs. He asked Barbara if there was any way that until the “on demand”
program gets under way, they could run a morning shuttle returning in the evening where we can provide the service? Barbara stated that residents could take advantage of the Tybee Shuttle
and as the rider base grows, they then can make it cost effective. Kathryn Williams asked for clarification in the brochure regarding children under the age of 18 having a parental waiver
signed. She asked Barbara how young of person will you transport to Tybee without a parental wavier. Barbara explained that when they started the Coaches Program they set that age limit
to insure they would not run into any difficulties with minors. They have adjusted the program now as they do transport younger children as it depends on the maturity of the child. Kathryn’s
concern is that unsupervised children could come down to the beach and go to an area where a lifeguard might not be on duty. She asked that they look into the policy carefully in terms
of bringing them to the beach. Barbara agreed and will take that into consideration. Rocky Joyner, Vice President and Actuary, the Segal Company, GMA Retirement Fund made a presentation
regarding the City of Tybee’s GMA Retirement Fund and to answer any questions council may have. Mayor Buelterman reminded council that there was a detailed report in their packets showing
where we stand. Rocky has a brief presentation for the council and then he would open the floor up for questions. He asked everyone to turn to page one showing the status of our plan
as of City Council 2011-03-10 2011-03-09 jl/mmb Page 2.24
Draft Minutes, City Council Meeting, 02242011jrl 3 January 1, 2011. This is the most current information available as it was released this month. It compares the results to our July
1, 2010 evaluation. We have a contribution rate of 15.32% a pay. This contribution rate is based on a ten-year amortization period of our unfunded in the pension plan. We have ratio
of almost 75% and the ten-year amortization period is much more conservative than is allowed in Georgia State law. Georgia State Law will allow us to move out as far as 30 years in funding
the plan. The GMA is far more conservative than that. It is funded over a shorter period so if we have another issue such as in 2008 where the market fell, you would have flexibility
to move out so as not to stay within the budget. The recommended contribution for the city beginning July 1, 2011 which is $445,000.00 which could be reduced and stay in compliance with
Georgia State Law as low as $321,000. We have a stable group which includes 78-79 employees. The city offers three programs to its employees: (1) Social Security (2) defined benefit
plan and (3) optional deferred compensation plan. Our contribution rate is expected to go down to 9% in 20-30 years as long as the market stays stable. We are very conservatively funded
which should pay off. In summary, our plan is in good financial shape, 75% funded which is after the collapse in 2008. Mayor Buelterman asked for an explanation regarding the unfunded
surplus of $1.43m. Mr. Joyner said that when they do the evaluation each year they calculate the total liability that has been accrued to date under the program. That is the $5.6m in
benefits that have been earned to date by all the employees. The $4.2m is the assets that are allocated that have already been paid in the system to pay for benefits. That leaves the
$1.4m accrued liability that has already happened and has to be paid. Most of the liability occurred in 2008 when the market crashed. Mayor Buelterman asked Mr. Joyner where our plan
was on the spectrum as as to being conservation or aggressive. We are in the middle, little conservative of middle. He further explained that our pension plan is 55% invested in equity
type vehicles and the remainder in fixed income vehicles which is fairly common nationwide. Mayor Buelterman asked Mr. Joyner to clarify why in June 2010 we had a significant investment
income but that drastically decreased in December 31, 2010. He explained that it was twofold. The December 2010 period is for six months and the June 2010 has an adjustment that they
made from the old GMEBS funding policy to the new policy. Kathryn Williams asked Mr. Joyner if there are any other steps the city should be taking at this time. Mr. Joyner compared Tybee
to other cities. Tybee’s plan is fully funded by city contributions and our deferred comp plan is fully funded by employee contributions. Some cities have shifted cost between two plans
and have added employee contributions to the defined benefit plan and a city match to the deferred comp plan. In that way they diversify the plan. He is neither recommending nor suggesting,
it depends on the philosophy of the city. Her final question, with his work with other municipalities, is it typical that the fund is funded totally by the city? On the average, nationwide,
public section plans usually have employee contributions ranging from 1-2% per pay day on the low end and double digits for police and fire departments. Whether you are in social security
has a bearing on that. We are in social security so the employees are already contributing 6.3% to the program. The following department heads gave quarterly reports: Mary Hogan – Finance
Department Woody Hemphill – River’s End Campground and RV Park, Monthly Financials Skip Sasser – Fire Department Joe Wilson – Department of Public Works City Council 2011-03-10 2011-03-09
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Draft Minutes, City Council Meeting, 02242011jrl 4 Gina Casagrande – YMCA Robert Bryson – Tybee Island Police Department Dianne Otto – Community Development Department Citizens to Be
Heard Lisa Callahan was pleased with the presentation by Erik Olsen on the harbor deepening. She thanked the council with rejecting the beach sand offer. She felt they made the right
decision for the citizens of Tybee as well as visitors. She went further to explain that she found a report by the COE from June 2010 highlighting concerns about the sediments that are
found in the dredge material in the Savannah River. There are several metals in the dredge materials that would have an adverse effect on Tybee Island. She once again thanked the council
for the stand they took and asked they keep a watchful eye on all phases on the Savannah harbor process. We need to continue to hold the COE accountable for the quality of the dredge
material. Susan Hill thanked the council for the opportunity to speak at the meeting. She mentioned to the council the generosity of Doyle Landscaping to Tybee Island, not only with
food and time donations but also with donations of labor and materials for planting throughout the island. They represent a tremendous spirit of generosity and working toward a better
hometown by giving back to the community they love and a community where they live and work. She believes there was never intent of underhanded activity on the part of anyone concerned
in this matter. It was a simple case of people trying to support each other, the city of Tybee supporting local merchants and Doyle offering its resources to build the best community
available. She hopes that this will be a learning opportunity about how we conduct our business with each other in the future and she would like to commend the city for keeping their
money local and commend Doyle Landscaping for being a good community business. Monty Parks is proud how the planning commission handled the ad hoc committee, regarding the shore protection
ordinance. He asked the council to make an evaluation on how long the ad hoc committee should last, the members that comprise the committee and they keep this rolling. He suggested the
first meeting should be March 8, 2011 and schedule two a month, the second and fourth Tuesday. This is a Tybee matter going to the heart of every resident. It deals with one of our most
important island resources. Kathryn Williams asked Monty how long he thinks it will take to do their work and complete the task. He explained that it depends on the direction it takes
which would be determined by a preliminary report in 60-90 days. Consideration of Approval of Consent Agenda Paul Wolff moved to approve the consent agenda. Kathryn Williams seconded.
The vote was unanimous. Public Hearings – Zoning Packet Separate Variance Request: Beach Hotel at Beachside Colony. Mayor Buelterman asked Mr. Hughes to explain the resolution. Mr. Hughes
said that two months ago there was a public hearing City Council 2011-03-10 2011-03-09 jl/mmb Page 2.26
Draft Minutes, City Council Meeting, 02242011jrl 5 regarding a variance request concerning one of the structures at the Beach Dune House. One of the problems they have is related to
title issues because the structure is presently non-conforming because when it was applied to be built there were no setbacks in C-1 zone for any structure. This one was built in what
would now be a side yard setback. The plat that was submitted at that time was of the entire project/development and it involved the corner of one building. It turns out it was applied
to be built in accordance with the existing regulations. It has an encroachment on a side yard setback along Center Street. The plat that was presented before showed the setback being
twenty (20) feet which was in error. It should have been five (5) on the side yard. They have now presented a plat for that structure only and are requesting a variance to alleviate
the problems they are having with financing and titling issues. If the unit was to be destroyed it could not be rebuilt except with the conformity of the regulations with some sort of
relief. Mr. Hughes received a letter from an attorney who pointed out the title issues at a closing. Mayor Buelterman asked what exactly were the concerns? Mr. Hughes explained due to
the way the setback is depicted on the plat, if the structure was destroyed and a permit was not reapplied for within the six (6) months permitted under the current ordinance, it could
not be rebuilt in its current footprint. It would have to be moved to meet the setbacks. Mayor Buelterman asked if this was not true with all the non-conforming structures. Mr. Hughes
stated yes it applied to all non-conforming structures without a variance. If a variance is granted before or after the fact, it would no longer be considered non-confirming use. This
is a unique situation as it was developed in stages. This property is not an unlawful use. The problem being if it were to be destroyed the obligations on applying to rebuild within
a limited amount of time have created concerns from title companies. Mayor Buelterman asked Mr. Hughes to confirm his proposal which would be to grant the variance. Mr. Hughes said it
would give them the relief they are seeking. They would also need to fix the plat showing the 3.5ft side setback. Mr. Robert McCorkle, attorney representing Beachside Colony Condominium
Association and their owners, discussed the main concern is their ability to recover from a disaster, apply and obtain a permit with six (6) months from date of tragedy. Mr. Hughes interjected
that according to the city’s land development code; a building permit to initiate restoration must be obtained within six (6) months provided further that mayor and council may provide
an extension. The question for the council Mr. McCorkle stated is the physical circumstance and conditions of this building making it suffer a unique hardship? This building is built
on a 0 foot lot line which was approved at the time. It is a condominium, it is a four story condominium, so whether the line is 20ft or 5ft is irrelevant to the issue that four units
actually crossover this setback line. If the building were to come down and could not be rebuilt, you would have four owners who paid a collectively $2,063,000.00 for the units would
lose their homes. All these units are long thin units, front on the beach and stacked on top of each other, lot line to lot line. If the lot line comes in, these units cannot be rebuilt
on that lot. The four units disappear. That is where the title issue has become. The title problems are unique to the individual owner. The association does not own the building; there
are 97 owners of Beachside Colony. They own the building collectively with the exception of the individual owners. By Georgia law the owners and City Council 2011-03-10 2011-03-09 jl/mmb
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Draft Minutes, City Council Meeting, 02242011jrl 6 association are required by law to rebuild the building exactly as it existed when it was originally built. Under the current circumstances
they could not do that. Mayor Buelterman asked Mr. McCorkle if a variance were granted would this resolve the issues relative to the closing attorney issues. He believes it would. What
they have asked to do is have a plat relative to a subdivision plat. They are working on a cleaner plat so the city would not be approving everything that is on the plat. Mr. McCorkle
has reduced the plat showing setback variances approved where the building is sitting. He is not asking that it apply to the entire lot, just to where the building is currently sitting.
Mayor Buelterman confirmed that the variance would be 8.5ft off Center Street. The total setback would be 10ft and the variance would be 8.5ft. on the side. This is the only variance
that is being requested. The only reason Mr. McCorkle is requesting that it be recorded is for refinancing and for those who have not been able to sell their units. His underwriters
will issue title insurance but will accept specifically out the setbacks, being a catch 22 for the owner. If they record a recorded plat and it is signed, in his opinion it is no longer
a pre-existing non-conforming use, it will have a 1.5ft setback from that point forward. Wanda Doyle thanked Mr. Hughes for his hard work researching this issue and reaching an agreement
for the variance. Mr. Hughes asked Mr. McCorkle if the council were to grant this variance as requested, does the physical structure occupy the entire lot. Mr. McCorkle confirmed, as
it currently exists the physical structure occupies the entire width of the lot, i.e., the north/south view. Mr. Hughes asked if they received a variance on the southern boundary is
there an issue with the northern boundary. If this is the case, we need to take care of everything now. He then asked if the ordinance on non-conforming uses was changed, as opposed
as to this being done as a variance, would this change the title insurance issues? Mr. McCorkle feels you would still have the potential problems. Kathryn Williams asked that Mr. Hughes
revisit Article 3 at the upcoming workshop. She feels that we need to look at the language referencing the six (6) month permitting process and include something to reflect that if city
hall was incapacitated or non-operational they would get an automatic extension in the permitting process. Paul Wolff has the same issues as Mr. Hughes that if, based upon the rules
of the condo association, the property line is now the perimeter of the building. This is also the property line that the city recognizes based upon the plat. The plat needs to be redrawn
with the property line extended the 10ft to the north so there would be a built in side setback on the northern edge. Mayor Buelterman stated that the simple solution would be to grant
the variance and in the future look at the non-conforming issues. This would give the residents relief. Mr. Hughes confirmed that the variance would be 8.5ft on the southern boundary.
Mr. Robert Wiggins, a resident of one of the condos in question, explained that he sold his property for $455,000 last year and the individual that purchased it cannot get a clear title.
He asked for relief. City Council 2011-03-10 2011-03-09 jl/mmb Page 2.28
Draft Minutes, City Council Meeting, 02242011jrl 7 Frank Schuman moved to approve the 8.5ft side setback variance on the south side of the property. Wanda Doyle seconded. The vote was
unanimous. Consideration of Ordinances, Resolutions Resolution for the creation of an ad hoc committee to review the Shore Protection Ordinance. A discussion was held as to how the committee
would be made up. Shirley Sessions asked if staff should be included. Diane Schleicher felt that staff would be supporting but the committee be made up of the voting membership the council
outlines. Kathryn Williams asked that if this is approved could it be advertised the following day, Friday, February 25th and then be appointed at the next council meeting, March 10,
2011. She also asked the mayor for clarification on how interested individuals would apply. He feels that they would need to just email the council. Diane Schleicher suggested that we
do an application form that would be posted at city hall showing their qualifications. Dianne Otto would collect these applications and present at the next council meeting. A motion
by Paul Wolff to establish a shore protection committee, consisting of three (3) planning commission members and the chair, two (2) beach task force members, three (3) citizens of the
community which are directly affected by the Shore Protection Ordinance and two (2) city council members who will serve as ex officio, all to be appointed for a term of three (3) months
from the date of their appointment and term of service may be extended at the discretion of council. Kathryn Williams seconded the motion. The vote was unanimous. The Mayor asked Diane
Schleicher to contact Amy Lanier, Beach Task Force Chair, to submit two (2) names to serve on this committee. Kathryn expressed her interest to serve on this committee. Bank Tax Resolution
Ordinance. Mr. Hughes explained that this is an opportunity to collect on revenue with respect to the bank that operates on the island. We are authorized to have a tax that is the banking
equivalent to occupational tax and there is a resolution and ordinance that would accomplish this. Mayor Buelterman asked if the bank would object and Mr. Hughes explained that the bank
is very aware of the situation. He further stated that we have an ordinance and resolution and needed to put it on the books as quickly as we can. He would like to consider this as the
introduction and first reading and the second reading would be Saturday, February 26, 2011 at the city council workshop and would be in place by March 1, 2011. He also confirmed that
the bank on the island would not be angry with the city if we enforced this taxation. Wanda Doyle moved to accept the Bank Tax Resolution and the first reading. Shirley Sessions seconded
the motion. The vote was unanimous. Council, Officials and City Attorney Considerations
& Comments 2nd Reading: Ordinance 46-23(a) (4), 46-24(d), 46-33(a) (4), 46-33(b), 46-33(c), 46-35: At Will Employment. Wanda Doyle asked Diane Schleicher if the language had been changed
due to the exception by employees. She explained that the provisions of the City Charter indicate the employees are “at will” and can be dismissed with or without cause. Employees were
concerned we would have an ordinance “without cause” and they suggested that we City Council 2011-03-10 2011-03-09 jl/mmb Page 2.29
Draft Minutes, City Council Meeting, 02242011jrl 8 strike the section “without cause” and have only a section “dismissed with cause”. Wanda Doyle asked for comments from the council
as to whether they agree or disagree. Kathryn Williams feels it is a legal question. Mr. Hughes stated that frequently in governmental employment, disciplinary “for cause” standards
have been applied. From a financial standpoint “at will” is definitely the preferred method. From an employee morale standpoint, which he feels the council needs to factor into account,
it outweighs the consideration. The Charter states employees are “at will” unless otherwise provided by ordinance. Kathryn Williams asked Mr. Hughes, if we remove the “with cause” from
the policy, would it cover a position being cut, layoffs, etc. He said it would cover if the city had a reduction in force. This would also protect the city in those situations. Wanda
Doyle asked if this included everyone working for the city or just one level. Mr. Hughes made a suggestion to clarify the language on page 115, paragraph 2 as follows: “In accordance
with a hearing procedure requiring at least twelve (12) hours notice to the Department Head and the opportunity for the Department Head to respond and present evidence. No appeal is
permissible from the City Manager’s decision by the Department Head.” Paul Wolff moved to approve the second reading with the additional language. Kathryn Williams seconded. The vote
was unanimous. 2nd Reading: Ordinance 38-2: Court Cost. Paul Wolff moved to approve. Wanda Doyle seconded. The vote was unanimous. 2nd Reading: Ordinance 38-4: Court Cost /Technology
Fees. Paul Wolff moved to approve. Wanda Doyle seconded. The vote was unanimous. Discussion: Kathryn Williams asked the City Manager to do a review of all fees on a regular basis, not
every year – maybe every five (5) years, so we do stay current, especially within the Police Department and add it to the Action Item List. Mr. Hughes read a letter from Ray Smith, City
Attorney for Richmond Hill regarding the Doyle Landscaping transaction issues. He rendered his opinion that Wanda Doyle did nothing wrong. Bubba did make a recommendation that all transactions
in the future be done in a form of competitive bidding. He also thanked Mr. Smith for taking his time to research this issue. Diane Schleicher, Right-of-Way Certification for Historic
Butler Pedestrian Public Safety Transportation Enhancement Grant Project (P. I. Number 0008997). Paul Wolff moved to approve. Kathryn Williams seconded. Motion carried 5 to 1 with Wanda
Doyle against. Diane Schleicher, Curbside Accelerated Recycling Grant Program. Brown Property – Request for abandonment of Rifle Avenue right of way by the city. Mayor Jason Buelterman
read a letter from Libby Bacon as she could not attend the meeting. She voiced her opposition to the city abandoning of the row and asked the city to inventory all their property and
look at potential ways to put it use to benefit the citizens of Tybee. Diane Schleicher explained that the city received a request from a property owner to abandon a portion of the ROW
on Rifle so he could combine his properties so he could have another buildable lot. The department heads met to discuss the pros and cons of this City Council 2011-03-10 2011-03-09 jl/mmb
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Draft Minutes, City Council Meeting, 02242011jrl 9 request and voted to reject his request. Kathryn Williams moved to reject the request from the Tybee Pigeon Club, LLC to obtain the
right of way. Paul Wolff seconded. The vote was unanimous. City Managers Report Action Item update Derelict Structures. Mayor Jason Buelterman suggested that we invite our congressman
to Tybee Island at low tide to see the structures as he would be able to assist us in getting federal funds for the removal of the derelict structures. Wanda Doyle would like Diane Schleicher
to make available to city council members the minutes from the infrastructure committee meetings, the public safety committee meetings and the parking committee meetings so council members
would always be aware of what was going on in their meetings. Bill Garbett would like to have all minutes in a timely manner, including city council minutes. His thoughts were within
two weeks or prior to the next council meeting. Wanda Doyle agreed. Mayor Buelterman suggested that it be discussed at the city council workshop on Saturday. Executive Session Paul Wolf
moved to go into executive session to discuss litigation and personnel. Wanda Doyle seconded. The vote was unanimous. Kathryn Williams moved to go back into open meeting, Paul Wolff
seconded and the vote was unanimous. Adjournment Paul Wolff moved to adjourn. Frank Schuman seconded. The vote was unanimous City Council 2011-03-10 2011-03-09 jl/mmb Page 2.31
Draft Minutes, City Council Meeting, 02242011jrl 1 20110226 City Council Minutes Mayor Buelterman called the special meeting of the city council to order at 9:05AM on Saturday, February
26, 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 and Acting Clerk of Council, Jan LeViner. Council, Officials and City Attorney Considerations and Comments Ordinance No. 05-2011 – An Ordinance
to Amend the Code of Ordinances Pertaining to Article VII, Sec. 58-301-303 to provide a new section entitled “Financial Institution Business License Tax.” Paul Wolff moved to accept
the second reading. Wanda Doyle seconded. The vote was unanimous. Recycling Grant Resolution. Paul Wolff moved to accept the Recycling Grant Resolution. Wanda Doyle seconded. The vote
was unanimous. The meeting closed and the city council workshop began. City Council 2011-03-10 2011-2011-03-09 jl/mmb Page 2.32
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INFRASTRUCTURE COMMITTEE MEETING MINUTES CITY OF TYBEE ISLAND January 13, 2011 5 pm Attendees: Paul Wolff, Kathryn Williams, Bill Lovett, Barry Brown, Bill Garbett, George Reese and
Diane Schleicher. Approval of the minutes of the previous meeting. Paul Wolff called the meeting to order and asked for a motion to approve the minutes from the last meeting, with the
changes that were made. Kathryn Williams moved to approve. Bill Garbett seconded. New Business: 1. Coastal Hydrowatch and USGS A. Paul Wolff explains, with this program, this will be
a real time monitor that will give constant numbers on levels of salt in our wells. USGS is willing to pay $5000 and the City of Tybee to pay $10,000. USGS would provide maintenance
for the life of the project, do all the data collection and report the findings. B. George Reese verified that this will include all 4 wells at the plant, not the production wells. Explained
that with this “real time” monitoring, if there is a problem, the City would be notified immediately immediately via email. Currently, the wells are tested once a year. C. Diane Schleicher
asked if George has the $10,000 in his budget for this project. George says yes, and will look at budget to verify. George & Diane agree that this is very important. George explains
that this project would benefit Tybee especially if the Savannah River dredging affects our wells. Ft. Screven well would be affected first but with this “real time” monitoring, we would
know immediately and be able to shut down the well before it would be able to contaminate the whole system. D. Paul Wolff states that a geologic study from the CORE shows that the thinnest
layer, of the confining layer of the aquifer, is right adjacent to Tybee. Paul states that if they come in and cut the channel that is where it would be most vulnerable. Paul asked for
a motion to accept the USGS offer of $5000 towards a $15,000 system to monitor salt water in “real time”. Bill Garbett so moved. Kathryn Williams seconded. The vote was unanimous. Old
Business: I. HISTORIC BUTLER AVENUE PEDESTRIAN SAFETY PROJECT A. Concept Report 1. Approved -December 12, 2010 a. Bill Lovett states that HGBD is proceeding as if they (EPD & DOT) had
approved the Concept report. City Council 2011-03-10 2011-03-09 jl/mmb Page 30
B. Design Variance 1. Comments Received and Addressed 2. Awaiting Approval C. Environmental Document 1. Special Studies (4) Approved 2. Categorical Exclusion (CE) Submitted D. Schedule
1. HGBD Requested Revised Schedule a. Bill Lovett states that when the DOT sees that we do not need a right-a-way acquisition, then we can hopefully move this schedule up dramatically.
b. Bill states that this is a 5 ½ month construction project that takes 3 years to get approval by DOT. c. Paul Wolff states he thought we were on target to start after Pirate’s Fest
this year. Bill verified that is the date they’re shooting for. 2. Representative/Senatorial Help? a. Bill Lovett states he has already talked with Buddy Carter on this matter and he
said he would be happy to help. b. Paul asked if the Speaker Pro Tem of the House would be able to help. Bill states he will get with Eric Johnson and have him contact her. II. TYBEE
GREENWAY/BIKE TRAIL TE GRANT APPLICATIONS A. TE Grant total Estimated Cost $353,320 ($280,798 of Federal Funding and $72,522 of SPLOST and In-Kind Funding). B. DNR Grant total Estimated
Cost of Shorter section of same trail $119,240 ($95,392 of State Funding and $23,848 of SPLOST and In-Kind Funding) C. Grant Application Submitted – City will use one or the other depending
on success with grant award. 1. Diane Schleicher states we will not know anything on either one of the Grants until late spring. 2. Diane explains there are 2 grants for the same area.
One is for the shorter section (DNR), the other for the larger area (TE). Diane shows the specific areas on the plans. City Council 2011-03-10 2011-03-09 jl/mmb Page 31
III. TYBEE ISLAND WATERSHED ASSESSMENT A. Submitted to EPD in December 1. Bill Lovett explains that this Watershed assessment will ultimately lead to a Watershed Protection Plan. B.
OCEAN DISCHARGE! 1. Bill states that Tybee is an ocean discharge. We have recently submitted Tybee’s renewal for your NPDS permit stating that your discharge is to the Atlantic Ocean.
When the EPD comes out with new Wastewater discharge limits, the limits are suppose to cover just the River discharges from Augusta to Ft. Pulaski. If, for some reason, the EPD were
to extend it to the Atlantic Ocean, and Tybee was caught in that extension, it would create a significant upgrade to your Waste Water Treatment Plant. Very important to maintain that
Ocean discharge. 2. When George and Jennifer put the EPD application together, they pointed out that Tybee is an ocean discharge, not Savannah River. 3. George Reese states that he received
a letter from the EPD stating that the mouth of the Savannah River starts at Ft. Pulaski. Our permits permits have always said “Savannah River Discharge” but we requested the permit
be changed to “Ocean Discharge”. IV. WASTEWATER TREATMENT PLANT IMPROVEMENTS A. Belt Filter Press 1. Replace in Kind?? 2. Estimated Cost Savings of $250,000± ($500,000 to $250,000) a.
Bill Lovett states that the cost of the Belt Filter Press system would run anywhere from $450,000 to $500,000, which would be replacing everything. If you did just the Belt Press itself,
you could do it for $250,000. b. Discussion on weather to go with the new Belt Press itself or continue with present one and continue to replace parts as needed. c. George Reese states
that if we go with a new Belt Press, we wouldn’t have a back up but we would have a new Belt Press that should last about 20 years. Explains that this time of the year, they don’t need
to run the Belt Press, but in the busy summer months, it is run everyday. Suggests waiting to look at next year’s budget to see if we can budget for this. d. Diane Schleicher states
that it sounds like like we need to go with the new Belt Press (not the whole system) due to monies being tight. City Council 2011-03-10 2011-03-09 jl/mmb Page 32
B. Clarifier 1. George states that if we have a high flow this summer, due to volume of tourists, the Clarifier could go down. Then you take the risks of putting pollutants out in the
ocean. 2. Diane states that if the City continues to borrow money, your debt service becomes a bigger percentage of your operating costs. With our current economy, our source of revenue
is going down. 3. Bill Garbett states that our revenues from the Water/Sewer aren’t coming from land taxes. It comes from user fees. If that’s what it takes to keep this thing running,
then I think we’re obligated to do it. C. Funding Source 1. Bond Issue a. Bonding Firm Review at No Cost 2. 12-24 Month Surcharge Fee a. Diane states we just raised our water rates to
the third tier which was designed to get us out of the hole, to make us even. If we could come up with a strategy, where we put a surcharge on just the sewer, for a 12-24 month period,
and that money would go into a separate fund, we could pay for this. The monthly surcharge would be around $12/month. b. Bill Lovett said the $12/month is just for the Clarifier. If
you combine the two (adding the Belt Press) it would be around $20/month. c. Paul Wolff states Mary mentioned $40/month for 1 year, but says that’s a tough sale. d. George states we
should wait to see the figures on the new budget. Maybe the Belt Press could come out of the budget itself, and worry about the Clarifier on a separate issue, instead of trying to combine
the two of them. States he already has $1,000,000 debt now. e. Paul states if we are looking at a cost of $1,300,000, with 3000 customers that would be $18/month for 24 months, per customer.
Explains that we need to let the residents know that this is not an option. We’ve got to do it one way or the other. We can either borrow the money and pay for it over time, or go with
the surcharge and explain to the customers that they are getting the best value for their dollar because we’re not borrowing the money. f. Bill Lovett asked, with the City’s “Water First
Community Designation”, why don’t go out and borrow the money from GEFA and pay back the money over 20 years. You could add this to the water bills as a base fee, and that way, the people
benefiting from it are paying for it, over 20 years. g. Bill explains that Jennifer presented some figures at the last meeting regarding a GEFA loan. With a $1,500,000 GEFA loan, at
2.81% City Council 2011-03-10 2011-03-09 jl/mmb Page 33
interest rate, the monthly payment would be $8,180. Divide that by 3000 customers, and it would cost $2.70/month, per customer, for 20 years. h. Diane states that before we borrow, we
have to be convinced that we are going to raise the sewer rates enough to cover that loan. i. Paul would like some clarification on how much we can borrow based on our annual budget.
I think we’re close to our limit now. If we borrow another $1,500,000, we are locked in. If we have an emergency, we will not be able to borrow any more money. j. Bill Lovett states,
the general thinking now is, the fair way to do that is, your base charge pays your debt service and your consumption charge pays the operation. k. Kathryn Williams suggested to get
Mary Hogan’s input on this and any additional information that Bill Lovett may have. l. Paul suggests before our next meeting, we want a comparison of doing either a surcharge of $18/month
for 24 months, float a Bond Issue, a GEFA loan, or revising the tier rate schedule. V. COMPLETED PROJECTS A. Crosswalks and Signage B. Butler Avenue Handicapped Ramps C. 14th Street
Drainage 1. Kathryn Williams states she has not looked lately, and this issue may have already been addressed, but when walking on 14th St. there are some areas, not all, where there
is a significant drop off from the pavement to the ground. Enough to break an ankle if you stepped off. VI. PROJECTS ON HOLD A. Chatham Avenue to Pump Station No. 2 Sewer Line B. Pump
Station 3 and 6 Force Main Replacement D. Highway 80 Water System Improvements 1. Paul asked George about what water lines still need replaced. George explained from 1st St. (the curve)
on Hwy 80 West to N. Campbell up to Van Horne. Paul would like the footage on that. Paul asked if George could create a priority list with what water lines need to be replaced, in what
order, how many feet of pipe and size that will be needed. With no further discussion or new business, Kathryn Williams motioned to adjourn. Paul Wolff seconded. City Council 2011-03-10
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“A quorum of city council members may be present which would constitute a meeting” Respectfully submitted by Karen Reese on 02/09/2011 City Council 2011-03-10 2011-03-09 jl/mmb Page
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ORDINANCE NO 020161 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SEC51789 REGULATORY FEES 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 amend Section 51789
of the Code of Ordinances pertaining to regulatory fees and NOW THEREFORE be it ordained by the governing authority of the City of Tybee Island in open meeting that the following shall
be added to the regulatory schedule contained in Sec 51789 as follows License Classification Classification Fee Short Term Rentals of Residential Property per site 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 This Ordinance shall become effective on day of 2011 M b City Council 2011-03-10 2011-03-09 jl/mmb Page
36
ADOPTED THIS DAY OF 2011 MAYOR ATTEST CLERIC OF COUNCIL FIRST READING SECOND READING ENACTED E1TO202RYD00MINBA61N1EC11EEiS regulatory fsehoert term rentals 03 0121 3 City Council 2011-03-10
2011-03-09 jl/mmb Page 37
Sec51789 Regulatory fees schedule Any business of the type listed below operating within the city shall pay a regulatory fee even if such business has paid a business tax in Savannah
Tybee Island or another jurisdiction and regulatory fees as defined in section51b584 are established for those businesses operating within the corporate limits of the city according
to the following schedules Alcoholic Beverages TABLE INSET SIC License Classification Fee 5813 Retail bweineer sale by package only consumption on 30500 premises prohibited 5839 Retail
bweineer sale by drink for consumption on 50705 premises only 5815 Retail liquor sale by package only consumption on 80500 premises prohibited 5816 Roneltyail liquor sale by drink for
consumption on premises 120500 5818 Retail liquor sale by package and drink both in one 200000 building under one ownership 5881 Wholesale beer 70605 5183 Wholesale liquor 150000 5182
Wholesale wine 10500 2080 j Distiller brewer or manufacturer of alcoholic beverages 30000 Special event beer wine liquor special event beer 050per day wine liquor establishments not
holding current license 100003day Special event beer wine liquor establishments holding current license 100per event Miscellaneous TABLE INSET License Classification I Fee Advertisingopremfisefs
billboards TIC Sec4824 I32 square feet 4tx8r 050 I 128 square feet1865 1 0705 City Council 2011-03-10 2011-03-09 jl/mmb Page 38
192 square feet1x126 10000 288 square feet12 I 10205 0705per day Amusements itinerant circus carnival TIC 711714 60000 maximum Beach equipment beach vehicle and watercraft rental per
site TIC 93 390336 30000 Book and magazine canvasser registration fee I 4050 Building and construction contractors subcontractors and tradesmen 020 licensed in another jurisdiction registration
fee Escort 1 50000 Live entertainment 050 Masseuse 20500 Promoter special events pageants festivals exhibitions sporting events shows etc Per single event TIC 7114 500 Transient merchant
TIC 91 20 0705per day Transient rentals registration fee 0405 Vendor festival hawker 0205per day Vendor arts and crafts 0205per event Short Term Rentals of Residential Property per site
1 1 Code 1983 3272 City Council 2011-03-10 2011-03-09 jl/mmb Page 39
ORDINANCE NO020171 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SHORT TERM RENTAL PROPERTIES 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 ordinance
to be Chapter 34 Article VII Sections 31945 through 32040 of the Code of Ordinances pertaining to short term rental properties and WHEREAS the City has become a vacation destination
and residential properties are frequently used by tourists and guests who are not permanent residents of the island and WHEREAS the City has experienced difficulties associated with
parking trash noise and ooccvupeancry of properties in residential neighborhoods that are used for short term rental purposes and such properties have increased demands on City services
by way of police services utility services and have further caused disruption to other residents and tourists and 1111 City Council 2011-03-10 2011-03-09 jl/mmb Page 40
WHEREAS following investigation into the matter the City Council has determined that the regulation of short term rental properties is necessary in order to protect the health welfare
and safety of the general public and the citizens residents and visitors to the island and NOW THEREFORE be it ordained by the governing authority of the City of Tybee Island in open
meeting that the following shall be known as the Tybee Island STehromrt Rental Ordinance and shall be referred to herein as this Ordinance CHAPTER 34 ARTICLE VII Sec31945 All licenses
or peimits issued for Short Term Rentals shall be issued subject to the provisions of this Article No person shall engage in the business of short term rental of improved property without
a license issued under this Article Sec 31946 DEFINITIONS Local Contact Person as defined herein is the oswner of the property or if designated by the license any person authorized to
act on the oswner behalf Owner as defined herein is the owner or owners of a Short Term Rental PropertyPerson shall include every individual firm partnership social or fraternal organization
corporation estate trust receiver or any other group or combination acting as a unit Renter as defined herein is a person or the persons who rents a Short Term Rental Property Short
Term Rental Activity or Short Term Rental Business includes when a person persons or entity engages in the rental of improved real property or makes available holds out or advertises
in any form whatsoever improved property for rent for periods of less than six 6 months and specifically includes the actual rental of property for less than six 6 month terms other
than on occasional or a casual basis as otherwise defined in the City ordinance City Council 2011-03-10 2011-03-09 jl/mmb Page 41
Short Term Rental Property as defined herein means any residential property used or available for rental to any pserson on a day to day or weekend week or monthly basis but not to property
rented for one hundred eighty 180 consecutive nights or more Sec 34197 GENERAL PROVISIONS Within ninety 90 days after the effective date of this Ordinance any owner of a Short Term Rental
Property shall obtain and maintain a license and pay a regulatory fee in the amount currently in force at the time of the request The license shall be valid for the year issued unless
the license is revoked as otherwise provided herein All Short Temi Rental Property licenses shall be renewed annually and are subject to the annual fee currently in force at the time
of the renewal For any Short Term Rental Property constructed andor built andor established or continued after the effective date of this Ordinance the owner prior to renting the property
as a ShortTerm Rental Property shall comply with all of the requirements of this Ordinance Ordinance as set forth herein and must also obtain a license prior to renting the Short Term
Rental Property Any owner who fails to obtain a STehromrt Rental Property license prior to engaging in Short Term Rental Activity or Short Term Rental Business shall be penalized under
the general penalty provided for violating business license ordinances Sec 34198 APPLICATION REQUIRED INFORMATION The license application shall include the following information 1 The
complete street address lot and block number and the PIN as used by the Chatham County Tax Assessor 2 Proof of ownership including the name address and telephone number of each person
or entity with an ownership interest in the property 3 The aspplicant shall have a letter signed by all oswner of the property acknowledging that a violation of this Ordinance by the
oswner local contact person or rsenter or the rsenter guests shall be considered a violation by the oswner 4 The name address and twentyfour 24 hour telephone number of a local contact
person who will be operating the Short Term Rental Property and available at all times for the purpose of promptly responding to complaints regarding the conduct of the rsenter or the
rsenter guests of the short term rental property The Local Contact Person must be available twentyfour 24 hours per day seven 7 days a week for the purpose of responding to complaints
regarding the conduct and behavior of the occupants City Council 2011-03-10 2011-03-09 jl/mmb Page 42
5 The regulatory fee required by the City must be timely paid In connection with each application for a short Willi rental property location staff shall secure information regarding
the nature and location of the property the number of bedrooms its size and available ostrefeft parking When available this information may be secured from the records of the Tax Assessor
of Chatham County or from such other sources as may be available to staff Following review of such information staff shall set an occupancy limit based upon the provisions herein Staff
shall also calculate the available parking and determine the maximum number of vehicles which may be lawfully parked on the property The maximum occupancy by individuals and the maximum
number of vehicles shall be reflected on the licensing paperwork and acknowledged by the applicant and where appropriate the Local Contact Person Sec 31949 REQUIREMENTS Any owner of
a STehromrt Rental Property who obtains a license under this Ordinance shall comply with the following 1 All Short Term Rental Properties shall comply with the terms of the current Tybee
Island Code dealing with garbage and arrange to have garbage picked up consistent with the expiration of rental terms and checkout dates so that trash and trash containers do not accumulate
on or near the property 2 A contact person shall be available tfwoeuntry 24 hours per day seven 7 days
per week for the purpose of responding promptly to complaints or inquiries regarding the conduct parking trash or other issues concerning the Short Term Rental Property or its occupants
The name and telephone number of the Local Contact Person shall be on file with the Police Department 3 The occupancy of a Short Term Rental Property shall conform to the occupancy limits
as set forth herein and as incorporated into the license and total occupancy in all cases shall be subject to the following a The maximum occupancy for a Short Term Rental Property for
any continuous tfwoeuntry 24 hour period or for overnight accommodations shall be calculated on the basis of two persons per sleeping area plus an additional two persons A sleeping area
is a room or space within a Short Term Rental Property intended or used for sleeping Tents sleeping bags etc shall not increase the maximum occupancy allowed within a Short Term Rental
Property Children under two 2 years of age shall not be included in determining the maximum overnight occupancy Prior to the license being granted to the oswner a representative of the
City shall be permitted to inspect the proposed STehromrt Rental Property to detetinine its maximum occupancy City Council 2011-03-10 2011-03-09 jl/mmb Page 43
b Notwithstanding any other provisions cited herein there shall be no weddings or special events in or on the Short Term Rental Property in the absence of a specific permit for that
purpose c The oswner or the Local Contact Person shall maintain renter and vehicle registration which shall include the name and address of each rsenter all occupants expected to stay
overnight or longer on the property and include the make year and tag number of all such vsehicle This information shall be readily available upon request of any officer of the City
responsible for the enforcement of this Ordinance d There shall be one 1parking space available for each approved sleeping area in a STehromrt Rental Property Off street parking shall
be provided for these vehicles and under no circumstances may a vehicle be parked on the street except in a designated parking space Prior to the license being granted to the oswner
a representative of the City shall be permitted to inspect the STehromrt Rental Property to determine the maximum number of vehicles allowed Once the maximum number of vehicles for a
property is established it shall be unlawful for vehicles in excess of the permitted number to be parked at or on the property or adjacent rights of way except in designated parking
areas e A written notice provided by the City which contains information about certain ordinances generally impacting rsenter ofSTehromrt Rental Properties shall be posted conspicuously
and maintained in the property by the owner and displayed at all times f There shall be a written lease between a STehonrnt Rental Property owner and the rsenter and it shall contain
the rsenter agreements to comply with all of the regulations contained within this Ordinance Sec 32040 VIOLATIONS In the event of a violation of this Ordinance the City through the Mayor
and Council may direct notice to the STehromrt Rental Property oswner or Local Contact Person to show cause before the City Manager and Director of the appropriate City department why
the license should not be revoked Notice shall be given at least fifteen 15 days before any such hearing Upon no representative for the STehromrt Rental Property appearing at the hearing
the license will be revoked and any STehromrt Rental Activities or Business at the location is thereafter prohibited without a new license being applied for and issued In the event the
owner Local Contact Person or a representative thereof appears for the hearing the City officials shall make a determination as to whether a violation has occurred and if so determine
the appropriate action to be taken Action to be taken can include revocation of the license imposing a probationary status on the license aonrd additional restrictions on occupancy or
parking limits or other specific conditions In the event a probationary license is issued such license may be revoked upon notice ofnot City Council 2011-03-10 2011-03-09 jl/mmb Page
44
less than 24 hours nfo hearing and a determination u1noob that uo additionalvunoihoas neccdn In the event of an adverse determination the owner Local Contact Person or a representative
thereof may appeal the decision of City staff to the Mayor and Council of the City which shall conduct a hearing thereon and make a final determination Each determination foliowing any
warning shall be sent by certified mail to the owner Local Contact Person or a representative thereof to the address listed on the application or at such other address as has been supplied
to the City for such purpose in writing on behalfofthe applicant owner or agent It is a violation of this ordinance for any owner Local Contact Person or property manager to violate
the terms hereof in the following manner l Operating a short term rental business or perfo short term rental activities without the required license aiid the payment of required regulatory
fees 2 Aliowing occupants of a short term rental property to exceed the eapacity permitted under the approved application and as established on the application as to oceupancy or parking
3 Failure to comply with app icable regu a1i000 regarding trash or trash container pickup 4 Failure of the omowoer agent or Local Contact Person to be available as required by the terms
of this ordinance 5 Violation of any special conditions imposed upon the licensi at the time of issuance or at any time thereafier 6 Conducting any unlawful or unpermitted activities
on the premises 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 City Council 2011-03-10 2011-03-09 jl/mmb Page 45
This Ordinance shall become effective on day of 2011 ADOPTED THIS DAY OF 2011 MAYOR ATTEST CLERK OF COUNCIL FIRST READING SECOND READING ENACTED E1TO202rdy0Minba71nec11ees Short term
rentals0131 ET5SyIhV8bo1e2rHetTerm Rental P02ro0pe17rti1es Short term rentals1013 City Council 2011-03-10 2011-03-09 jl/mmb Page 46