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HomeMy Public PortalAbout20110113CCMinutes 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 commission requesting council to hold off on the appointments and extend the deadline to February 4th because only two people had applied and there were three openings posted. Mayor Buelterman asked if this would be fair to the two applicants that got their applications in on time. Wanda Doyle said she didn’t think that was fair. Shirley Sessions asked if there would be enough people at the next planning commission meeting to have a quorum. Jonathan Lynn said the commission terms do not expire until January 31st, so there are enough commissioners for the next meeting whether new people are appointed tonight or not. Sessions said if we wait, the appointees will have limited time to get on board with the commission. Lynn said yes the council meeting is on the 10th of February with the planning commission meeting on the 15th. Sessions asked if there was an orientation. Lynn said yes they usually do the orientation towards the end of February. Sessions said she wished there were a lot of applicants but it concerns her that people that do get their applications in on time would be dismissed. Doyle agreed and said she didn’t have a problem opening it back up but these people got their applications in on time and to her that is two positions right there. Mayor Buelterman said vote on the two and extend the application for the additional two-year term to February 4th. Bill Garbett added or until filled. Kathryn Williams asked what the problem was initially with the advertisement only being put up a week before the deadline and then council extended it and that may have put some people off as well as the holidays. She said we need to make sure we advertise for that third position regardless of what action is taken tonight. Mayor Buelterman asked if it was the will of council to appoint the two people that have applied and extend the application until filled. Doyle said that is her desire. Buelterman asked Hughes if the appointments should be done as in the past. Hughes said if it is a unanimous vote, the appointments could be done during the consent agenda with the minutes reflecting who voted how. Mayor Buelterman said on the consent agenda there is a unanimous vote for Henry Levy and John Major and extending the deadline for the third position. Mardi Gras event discussion included Kathryn Williams asking what happens in the event of a cost overrun. Diane Schleicher responded the staff works diligently to come up with a realistic cost estimate and she feels very confident that this one is close. Williams asked if the event coordinator would be called at the time and notified if the cost should exceed the estimated amount. Schleicher responded yes. Curbside Acceleration Recycling Program discussion included Paul Wolff explaining that a meeting was held between Waste Pro, Schleicher, Wilson, Morton and Wolff in order to discuss writing a grant allowing 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 e-mail 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 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 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 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 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 the sinks saying the 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 during the Eagles Nest discussion. Hughes said if the discussion leads towards rezoning the property you own, you should not participate. Sec. 5-010 B-Amend to require relocation permits for ALL structures C-2 Zoning-Change C-2 to include only properties facing Hwy 80 Sec. 5-040 H-require ALL lot subdivisions to come before council 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 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 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. 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. 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. 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 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 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. 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 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 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 Kathryn Williams moved to approve the consent agenda. Paul Wolff seconded. The vote was unanimous. Public Hearings 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, 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 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. 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.