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HomeMy Public PortalAbout050_010_20131114CityCouncilMinutesamended City Council Minutes 20131114 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on November 14, 2013. Those present were Mayor pro tern Wanda Doyle, Paul Wolff, Tom Groover, Jan Fox, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; Dianne Otto, Manager, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: • City Council Minutes, October 24, 2013 • Brenda Marion, Main Street Board of Directors • Special Event Consideration, New Year's Eve Fireworks (January 1, 2014 at 12:00AM): Walter W. Parker Pier & Pavilion; Tybee Island Tourism Council • Approval of GDOT permits for a flashing pedestrian cross-walk signage on Hwy 80 (Butler Avenue) at Tybrisa (16th Street). GDOT is to cover the cost of engineering and installation. City of Tybee will be responsible for on-going maintenance. City council has previously approved permits from the McKenzie cross-walk to the 15th Street cross-walk on Hwy 80 on 7/11/13 • Global Software — Annual Maintenance Agreement for Management Data Systems tracking software - $2,546/year. Budget Line item: 100-321052-1300 (police equipment service contracts) • Review the fund balance report as of June 30, 2013 and make any necessary changes. For fiscal year ending June 30, 2013, the general fund ended with a surplus of $496,756. It is recommended that the City Council commit an additional $150,000 to Beach Re-nourishment; $49,002 to Retrofit Revolving Loan Program; and $83,240 to Economic Stabilization • Zoning Department Printing Lease. Current lease for multifunction/wide format equipment expires 12/21/13 and we will not be renewing. Budget Line Item: 1535- 53-1100 ($13,800) • Resolution, Georgia Certified City of Ethics • Resolution, Rule 3.3 • Biggert — Waters Resolution • Clerk Certification Mayor Buelterman called the regular meeting to order at 7:10 PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation: Sister Barbara Shimkus • Pledge of Allegiance Mayor Buelterman read the Proclamation for Small Business Saturday. Report of Staff, Boards, Standing Committees and/or Invited Guests Carolyn Jurick, Tybee Island Maritime Academy, approached mayor and council to give an update on the Maritime Academy. Ms. Jurick thanked everyone on the Island for all their assistance in the opening of the Academy. She reported enrollment is currently 150 students of which 70 are Tybee residents. Ms. Jurick explained the on-going activities, testing, fund raisers, clubs and again thanked everyone for their continued support with Academy. Jimmy Brown approached mayor and council to have a discussion and present his recommendation to declare city properties as open space and some with deed restrictions as outlined in the packet. He strongly recommended moving forward with designating properties as open space. In this way, the City will receive points toward the rating. Ms. Fox recommended that the City hire a professional surveyor, get a quote to have the calculations done on the properties, and bring back to mayor and council for their approval. Mr. Groover suggested that the unopened rights-of-way (r-o-w) at Fort Screven be included in the calculations. Mr. Brown was not sure but suggested these r-o-w be dealt with by using a deed restriction. Mr. Brown requested guidance from mayor and council on other properties/unopened r-o-w that would need to be included in the calculations. Mr. Wolff suggested he contact Department of Natural Resources (DNR) to have them calculate the buffers as they will be able to flag the property for elevation and vegetation which would be sufficient for FEMA's guidelines. Mr. Brown agreed as he has trouble with the calculations, i.e., calculating taking out the marsh from the land mass. Mr. Hughes recommended there were accreted properties on the north end that might qualify for open space and other properties that are zoned environmental conservation that also may qualify based solely on the zoning. Ms. Doyle recommended that Mr. Brown begin with the nature trail, Blue Herron, and then have a plan moving forward. Mr. Brown confirmed and will work with Ms. Schleicher. Mayor Buelterman requested Ms. Schleicher contact a professional to do these calculations. Mr. Garbett agreed with Mr. Groover in the unopened r-o-w be included in the calculations. He would also like to have an inventory of the unopened r-o-w for future use. Mayor Buelterman asked Mr. Brown to explain why the r-o-w could not be designated for open space. Mr. Brown responded that you can only use parcels of land and not r-o-w. Mayor Buelterman then asked what the deadline for the designating of property is. Mr. Brown responded that the site visit will be in April 2014. Mr. Brown also recommended that the Planning Commission review increasing the free boarding from one to three feet. One foot awards the City 100 points; two feet, 225 point; and three feet, 375 points. Mr. Barry Brown confirmed that points have been given for "building up" for several years. Mayor Buelterman confirmed that the City needs to adopt a three foot freeboarding policy. Ms. Otto stated that this issue will be on the Planning Commission agenda for November 19th and before mayor and council December 12, 2013. Mayor Buelterman stated going forward: (1) Mr. Brown will move forward with the parcels suggested in the packet and (2) Ms. Schleicher is to contact a surveyor who will be able to assist the City with the process to include pricing and the amount of points would be generated. Ms. Schleicher confirmed. Mr. Wolff suggested Ms. Schleicher contact the GIS department at MPC as the City has an ongoing contract and it might be cost effective. Mayor Buelterman thanked Mr. Brown for his presentation. Citizens to be Heard • Donald Cowart, Parking Garage. Was ill and not at meeting. Consideration of Bids, Contracts, Agreements and Expenditures Request the City Council's approval to reclassify the Finance Manager position to the Finance Director position. Mr. Wolff asked Ms. Schleicher if there is a stipulation of how many direct reports the finance director must have to qualify to moving from the finance manager to director. Ms. Schleicher stated no and would ask that mayor and council keep human resources as a direct report to the finance director as that department drives the budget and costs. Mr. Wolff would recommend that IT department remain independent as they have a comprehensive role throughout all departments within the City. Ms. Schleicher reiterated that this is not a reflection on the human resources or IT departments but only to relieve the amount of direct reports she has. Ms. Hudson approached mayor and council. She would ask that both departments be put as her direct report as with the previous finance director. A discussion ensued regarding IT remaining as a direct report under the city manager or moving under the finance director. Ms. Doyle expressed her concerns with being consistent with previous decisions made by mayor and council. Her preference would be that IT remains as a direct report to the city manager. Ms. Fox stated that in her opinion, IT does need to be under the supervision of the finance manager. She recommended that Ms. Hudson look into establishing a purchasing position. Ms. Hudson confirmed. Mr. Wolff stated that he fully supports Ms. Hudson's performance but would still prefer the IT to remain under the supervision of the city manager. Mr. Garbett stated that he had a discussion with the city manager and his only concern is that Ms. Hudson has sufficient time to focus on the finance department and not being diverted by supervising another department. Mr. Groover asked why parking is not being moved to the finance department as they are responsible for a large portion of revenue for the City. Mayor Buelterman explained that the parking department at one time was under the finance director but was transferred to the city manager when the previous finance director left her position. Mr. Brown asked Ms. Hudson if she felt she was ready to take the two departments. Ms. Hudson confirmed. Mr. Garbett stated he is in favor of moving forward with this request and the possibility of revisiting in three months. Tom Groover made a motion to approve as written. Jan Fox seconded. Voting in favor were Tom Groover, Jan Fox, Barry Brown and Bill Garbett. Voting against was Paul Wolff and Wanda Doyle. Motion carried 4-2. Proposal for ADA Sidewalks on the east side of Butler Avenue from 18th Street to 19th Street — Lowest responsive proposal — A.D. Williams - $19,500. Property owners have been notified regarding upcoming project. Budget Line Item: 4210- 54-1400 (SPLOST street and sidewalk paving). Ms. Schleicher explained that the sidewalks will only take five feet and will be up against the street. She does not feel any parking spaces will be lost. She stated that funding will in part come from SPLOST. Ms. Doyle expressed that she also feels this is a positive as it is a public safety issue. Wanda Doyle made a motion to approve. Jan Fox seconded. Vote was unanimous, 6-0. Paul Wolff made a motion to approve the consent agenda. Wanda Doyle seconded. Vote was unanimous. Public Hearings Minor Subdivision — 5 & 9 Moore Ave. — consideration of transfer of land; PIN 4- 0002-02-009 & 4-0002-02-012; Zone R-1-B; Sandra Carroll & Aletha Dean Carter, petitions. Ms. Otto approached mayor and council stating this is a request for a minor subdivision at Moore Avenue as the owner is asking to have ten feet of land transferred from one owner to another. She explained that in the packet for this evening is a map showing the transfer of land. Ms. Otto stated this was heard by the Planning Commission and the vote was unanimous to approve. Jan Fox made a motion to approve. Wanda Doyle seconded. Vote was unanimous, 5-0. Paul Wolff recused. Variance — 168 Lewis Ave. — consideration of setback encroachment for rebuilding of stairs; PIN 4-0016-04-006; Zone R-1-B; Janice & Gordon Insley, petitioners. Ms. Otto stated this request is for the rebuilding of stairs on the front side of the residence as the current stairs are in poor condition and need to be rebuilt. This request is to make the stairs one foot wider than currently. If approved, this will make the stairs one foot closer to the front setback. The Planning Commission voted to approve, 4-2. Ms. Doyle asked Ms. Otto to clarify the position of the stairs. Ms. Otto showed a picture on the screen of how the stairs would be constructed. Gordon Insley approached mayor and council to clarify this request as it is due to mobility issues. Wanda Doyle made a motion to approve. Jan Fox seconded. Vote was unanimous, 6-0. Variance — Lot 16 Ninth Terr. — consideration of front setback encroachment for new single-family construction; PIN 4-0006-05-006C; Zone R-2; Gary Sanders. Ms. Otto stated the applicant used the 200' rule of the City Code to calculate a front setback and prepared a building plan which was submitted for permitting. During review it was determined that the calculations under the 200' rule was not correct. She further explained that based on calculation for lot 16 under the 200' rule, the lot is eligible for a 16.9' front setback. The Planning Commission voted unanimous, 6-0, to deny. Gary Sanders, architect, approached mayor and council. Mr. Sanders stated that this is a variance request for a substandard lot of record. Ms. Otto clarified that the lot frontage is 60' and the depth is 90'. Mr. Sanders corrected Ms. Otto stating the lot is 70' deep. Ms. Otto confirmed. Mr. Sanders stated that the house had been designed to fit the lot, a substandard lot of record. He then distributed several sets of drawings which were not included in the packet (attached). Mr. Sanders discussed the measurements and placement of the projected residence on the lot. He further stated that there is not a house on the street that complies with the setbacks. Mr. Sanders explained that when the calculations were done for both lots 16 and 17 they were compared to the adjacent lot, lot 20. He then discussed the floor plan as handed out to mayor and council (attached). Mr. Sanders stated his concerns with parking and the increase of congestion due to the parking of cars. Mayor Buelterman confirmed with Mr. Sanders that if you have less setback he will have more parking. Mr. Sanders stated no and approached mayor and council to explain his diagram. He would ask mayor and council to approve this variance request. Ms. Doyle asked Mr. Sanders to confirm that these new residences if approved will not sit in front of the current houses on the same side of the street. Mr. Sanders confirmed. Mr. Garbett confirmed with Mr. Sanders that it is his understanding that there is no feasible way to build this house without a variance. Mr. Sanders confirmed. He also stated that if he were to build "up" it would damage the existing cedar tree and that is something he does not want to do. Mr. Sanders also feels that he has a superior plan, is keeping with every building on the street, and that he is asking for a variance as both plans were submitted at the same time. Ms. Doyle asked Ms. Otto to explain an easement encroachment as stated in an email she received. Ms. Otto stated she is not aware of an easement encroachment. Mr. Sanders then explained his calculations. Mr. Wolff stated that Mr. Sanders needs to design the house to fit the land. Mr. Sanders stated that he can redesign the house but it would be a saw-tooth effect. Mr. Wolff stated that his understanding is that Mr. Sanders wants to maintain architectural integrity and have reasonable space within the house. Mr. Sanders responded that he does not want to build a box and would like to have a nice house on the property. He then explained that all his materials were not included in the packet and he does not feel he can properly present the variance request. Mayor Buelterman asked Mr. Hughes for clarification on how to proceed. Mr. Hughes explained that if no action was taken, Mr. Sanders could come before mayor and council at a future council meeting as long as the variance request was advertised as a public hearing. Ms. Otto stated that all the graphics Mr. Sanders provided her office have been included in the packet and the graphics he has provided mayor and council have not been reviewed by staff. Ms. Doyle asked Mr. Hughes if this request is continued would it come before mayor and council at the December city council meeting. Mr. Hughes responded it could if the request is properly advertised. Mr. Groover asked Ms. Otto to further explain her calculations regarding the setbacks. Ms. Otto responded that she treated each lot as a vacant lot. Mr. Sanders explained that he wants the house to be attractive and functional and fit into the neighborhood. He would ask mayor and council to approve his variance request. Greg Stoffler, co-owner of the lot, approached mayor and council. Mr. Stoffler stated that everyone needs to focus on continuity with the building structures. He explained that the other residences on the street are in a line and questioned if lot 15 was approved with or without a variance and is it in violation? Mr. Stoffler stated that all houses on this street, to the right hand side, are in violation of the encroachment. He further explained that they have mitigated the trees based on the footprint and have kept all the trees to the front of the lot. If this variance is not approved, the impact with be greater as the car will be in the front of the property. Mr. Stoffler asked mayor and council for consideration of what everyone else on the street has been granted from either on oversight or through a variance. Ms. Otto explained the other residences on the street, as some were built in 1940 and 1950's. Mr. Sanders reminded mayor and council that the variance only applies to the stairs as it is not a habitual area. Mayor Buelterman asked Mr. Sanders if it is his desire that mayor and council consider this request tonight or is it his desire that it be considered at the December city council meeting. Mr. Stoffler replied that they would like it considered tonight as the building makes sense, parking makes sense, parking is safer, and it makes the street more attractive. This is a very attractive Tybee cottage. Vivian Dubuque approached mayor and council. Ms. Dubuque, owner of lot 15, stated her concerns with safety as Ninth Terrace is a very narrow lane. She further stated that she loves the plans on the residence but is opposed to the variance. Earl Shaffer, 9 Ninth Street, approached mayor and council. Mr. Shaffer expressed his concerns with the cedar tree on the property as well as the other five trees. He recommended that this residence be in line with Ms. Dubuque's home and not stick out in front of it toward the street. Ms. Doyle stated that according to the plans, the proposed buildings will be in line with the other residences on the street. Bill Garbett made a motion to deny. Jan Fox seconded. Discussion: Mayor Buelterman asked Ms. Otto to read from the Land Development Code (LDC) the section that addresses variances, Article 5-090. Ms. Otto read the section. Mr. Hughes addressed subsection (a) (1) and (2), Standards. This section addresses hardships. Mayor Buelterman then asked Ms. Otto if this variance request meets the Standard as outlined by Mr. Hughes. Ms. Otto responded no. Mr. Garbett stated that there is no hardship as Mr. Sanders has a clean vacant lot to build on. Voting to deny were Paul Wolff, Tom Groover, Jan Fox, Barry Brown and Bill Garbett. Voting to approve was Wanda Doyle. Motion to deny carried 5-1. Variance — Lot 17 Ninth Terr. — consideration of front setback encroachment for new single-family construction; PIN 4-0006-05-006B; Zone R-2; Gary Sanders. Ms. Otto stated that Planning Commission unanimously denied this request. She explained that lot 17 is closer to Butler Avenue and because of the corner lot being a side setback for the Butler addressed property only lots to the east were used for calculations. Gary Sanders approached mayor and council to again state that the average Tybee lot is 60x90 and this lot is 60x70 He thanked mayor and council for their consideration. Mr. Brown stated that the average Tybee lot is 60x80. Bill Garbett made a motion to deny. Jan Fox seconded. Voting to deny were Paul Wolff, Tom Groover, Jan Fox, Barry Brown and Bill Garbett. Voting to approve was Wanda Doyle. Motion to deny carried 5-1. Minor Subdivision — 1213 Solomon Ave. — consideration of subdivision of one lot into two lots; PIN 4-0021-14-006; Zone R-1; Tony Petrea. Ms. Otto stated that this minor subdivision is a request for one lot into two lots. The Planning Commission heard this request and their vote was unanimous to approve. She further explained that this property is between Solomon Avenue and unopened Estill, zoned C-2. Ms. Otto stated that is the intent of the owner to subdivide and insert a new property line. The section of the property that includes the parking area would become a separate parcel as those parking spaces are used for other lots in the area. Mr. Wolff wanted to confirm that the owner is willing to put a deed restriction on the new lot so it will never be built on. Ms. Otto confirmed as the new plat does include that language. Mr. Wolff asked Mr. Hughes if that language would preclude future building. Mr. Hughes responded that he would like clearer language such as "this is not a buildable lot and no construction is permissible". Mr. Wolff confirmed. Tony Petrea approached mayor and council. Mr. Petrea explained that this was a subdivision that was done in 2004. At that time it was one parcel and he came before mayor and council asking to subdivide the lot. Mr. Petrea explained the easements on the property and how they were given to the adjacent property owners to be used to access the parking spaces. He is asking permission to subdivide the property leaving approximately 1700 square foot area at the end of the lot. Mr. Petrea would retain ownership of the seven lots and the resident would be able to sell her property without any encumbrances. Mr. Wolff asked Mr. Petrea if he would clarify the language on the deed restrictions that this lot is unbuildable. Mr. Petrea confirmed as he has no intentions of building. Mr. Brown asked Mr. Petrea to explain an easement as shown on the drawing in the packet. Mr. Petrea explained the three easements which allow residents to get to the parking area. Paul Wolff made a motion to approve with the condition that the deed be restricted to be unbuildable in perpetuity. Jan Fox seconded. Vote was unanimous, 5-0. Tom Groover recused. Variance — 300 & 302 Second Ave. — Zone R-2; Cory Scoville, petitioner; consideration of setback encroachment for rebuilding duplex unit landing and stairs. Ms. Otto stated that this is a variance request located at a duplex at 300 and 302 Second Avenue, zoned R-2. She explained that the duplex is an over/under duplex as opposed to a side/side unit and the request is to rebuild what was removed due to its deplorable condition, landing and stairs. Ms. Otto directed mayor and councils attention to the drawing in their packet showing a 3' 6" side setback. This will give a larger access into the second floor duplex. Ms. Otto then stated that if approved the stairs would remain on the property but a portion would extend into the City's r-o-w. When heard by the Planning Commission, their vote was unanimous to deny. Mr. Garbett asked Ms. Otto if a variance would be required if the owner was to rebuild the landing and stairs in the same footprint. She responded no, the owner would just apply for a permit. Mr. Garbett asked Mr. Hughes if there is another instance such as this on the Island. Mr. Hughes responded that there is at least one that he is aware of but not sure if the project was ever completed. Martin Row approached mayor and council. Mr. Row explained they he has just purchased the house which has been sitting for approximately twenty years. He would ask mayor and council for a bigger landing at the top of the stairs as it is a safety issue. Mr. Brown asked Mr. Row if the landing was not bigger on the rear of the house. Mr. Row stated no, as it is also 3'x3'. Mr. Brown stated that he feels the solution would be to rebuild the stairs to the rear rather than have the landing be in the right of way. Mr. Row responded that it was not the intent to replace the stairs in the rear as they are still in good condition. Mr. Garbett recommended that Mr. Row increase the landing at the rear of the building as there is room and as Mr. Brown stated it would not hang into the City right of way. Jan Fox made a motion to deny. Paul Wolff seconded. Voting to deny were Paul Wolff, Tom Groover, Jan Fox, Barry Brown and Bill Garbett. Voting in favor was Wanda Doyle. Motion to deny carried 5-1. Special Review & Variance — 20 Taylor St. —and new construction requests; PIN 4- 0001-02-004; Zone R-1; Kyle Nikola. Ms. Otto explained at 20 Taylor Street is an old battery and the owners are requesting to build a house on top of the battery. The previous structure has been demolished and what remains are the battery walls from the single family home. She stated that this request has several components: (1) special review regarding the removal of tress in the shore protection area and (2) the remainder are variances. The Planning Commission dealt with each request separately. a) Consideration of tree removal. Ms. Otto stated that the jurisdictional line for the Department of Natural Resources (DNR) runs along the battery wall that is ocean front and continues on when it turns to river front. She explained that before the petitioner can go before DNR to get permits, they will need a letter from the City of Tybee stating they have met all the zoning regulations. Ms. Otto stated that the City has an ordinance stating a property owner may not remove vegetation in the jurisdictional area of the Shore Protection Act. What is before mayor and council is a request under special review to remove trees that are located in the shore protection area. Planning Commission considered this special review and their motion was approve with a vote of 6-0. Mr. Wolff asked Ms. Otto the rational for removing the trees. Paul deLevis, Residential Designer, approached mayor and council to address the removal of the trees. Mr. deLevis stated that a variance was granted in January 2013 which was approved by DNR to add a 2-3" stone veneer to the existing fort structure for protection (weatherizing). He explained that the palms to the north are so close to the structure that the 2-3" masonry veneer cannot be properly executed. The trees to the southeast, three of those are dead and the remaining are debatable as to whether they are Tybee or shore protection area. Mr. deLevis stated these trees are either attached to or growing under the structure which does not permit the veneer to be properly executed. Mr. Wolff confirmed that this does not preclude from building on top of the bunker. Mr. deLevis confirmed. Kyle Nikola approached mayor and council to further explain the demolition. Ms. Otto explained the variance that was previously granted for the veneer will expire in January 2014 and the reason the request is in front of mayor and council so as not have the existing variance expire. Mr. deLevis explained that his client has put together a surveying team, professional civil engineer of record, residential designer of record and environmental consultant of record as his client is very sensitive to the environmental issues as well as the history of the structure. Mr. Nikola stated that he has worked with Ms. Otto for mitigation of the trees. Mr. deLevis stated his client is asking for this special request so they may proceed to present this to the DNR. Chris Sotus, property owner, approached mayor and council. He stated that his property is adjacent to this property and he has concerns with the trees on the southwest side as they have turned brown and die. He also stated his concerns with the demolition of the structure on the property which has had no supervision by staff. Thomas Mahoney approached mayor and council. Mr. Mahoney, representing the owners of the Sea Scape Condominiums Association, stated that the ordinance is very clear, Sec 3-100, that special review is required for a tree removal request and his opposition is, that this will damage, remove or alter in such a way that the dunes and the vegetation will suffer. In regards, mayor and council may grant a variance only if certain findings are made. He feels the owner cannot demonstrate that they can satisfy or meet the criteria that are included in the Code as this is not a small lot that would allow a variance to be granted by mayor and council. Mr. Mahoney showed pictures of the battery through the years and how it has changed. He stated that he would request that mayor and council pay close attention to the grade as there has been an extensive amount of fill brought onto the property. Mr. Mahoney stated that the request for the variance cannot meet the standards set forth in the Code and would ask mayor and council to deny this request. Mr. Nikola approached mayor and council to rebut Mr. Mahoney's remarks regarding fill. Selina Solitario approached mayor and council to confirm the trees have been damaged on the property and this was done when the structure was demolished. Ms. Otto stated that when the demolition permit was issued to remove the former single family home, there was an understanding by the design team that a demolition permit meant you could remove trees. She explained that once staff was aware, it was clarified that demolition of a structure does not include tree removal as that is a separate tree removal permit process. Currently there is a significant penalty that has not been accessed. Mr. Wolff stated his concerns with the penalty and the tree removal permit as he feels all fines for removing trees have not been satisfied. Mr. Hughes stated that these penalties can be dealt with in several ways. If the petitioner does not pay the fine, there could be a citation which would involve a court appearance. Mr. deLevis approached mayor and council to clarify the location of the trees and demolition permit. He further stated that a full mitigation plan has been done and approved to include a full landscape package which has been approved by staff. Paul Wolff made a motion to deny. Motion died for lack of second. Bill Garbett made a motion to approve. Wanda Doyle seconded. Discussion: Mr. Garbett stated that there is no way the petitioner can build on the property without the removal of trees and this should not be a road block for this project. Voting in favor were Jan Fox, Wanda Doyle and Bill Garbett. Voting against were Paul Wolff and Barry Brown. Motion to approve carried 3-2. Tom Groover recused. Ms. Otto stated that this variance request has several components. One being the application of veneer and other requests are related to construction as listed below. She asked to address the issue of height and directed mayor and council to renderings of the proposed structure in their packets. Ms. Otto explained the process to provide the average grade for the property and the document used to calculate that average grade was prepared by Whitley Reynolds and dated April 18, 2007 which show the topographic shots that staff used to determine the average grade. Ms. Otto stated that when the 14' average grade was calculated, it was based on perimeter shots of the proposed structure. Mr. Wolff asked for clarification of how the adjacent grade is shot at the property line and not the footprint of the structure. Ms. Otto read from the Code, Article 2, Height of Building, for clarification. Mr. Wolff confirmed. She further explained the average grade calculations which resulted in a 14' average grade and the proposed height of the proposed structure. Mr. Brown explained that the elevations as proposed are mean sea level elevations and not elevations of land. As a result, Ms. Otto explained, the petitioner has set the correct 14' average grade. Colin Chambers, Historic Preservation Advisor, City of Tybee Island, approached mayor and council. He asked Mr. Hughes at what point does the City look at the negative impact on the Fort Screven National Historic District and adjoining neighborhood in terms of mass scale intensity. He expressed his concerns with the historic preservation of the area as the proposed structure is not in character with the neighborhood. Mr. Hughes stated that the National Historic Register is completely different from any locally established historic district where the City would have control of issues of mass. He further explained that as of now the City does not as it is not within the local district where the local control would be. Mr. Chambers asked Mr. Hughes if the city council has the right to consider the adverse effects this structure would have on the National Historic District. Mr. Hughes responded it would depend on the type of variance sought. Mr. Chambers reiterated that this proposed structure will have an adverse effect on the District, the National Historic District Designation, and would ask mayor and council to deny this application. Mr. Wolff asked Mr. Chambers if applying the veneer is necessary or just cosmetic. Mr. Chambers responded that it is not necessary and inadvisable as when the moisture content currently trapped within the porous concrete battery gravitates toward the outside exterior, it will cause the veneer to separate. Ms. Otto stated that the Planning Commission heard this request and their vote on the variance portion was to approve, 5-1. Mr. Mahoney approached mayor and council to address the variances before major and council. He stated that each variance has to be supported by the standards in the Code and they are not as they encroach on the setbacks. Mr. Mahoney agreed with Mr. Chambers that there is no reason to grant the variance for the adding the veneer to the structure. He would respectively request that mayor and council consider the fact that the applicant has failed to satisfy the Standards and to deny the request for any of the variances before them tonight. Mr. Nikola approached mayor and council addressing the historical significance of the property. He purchased the property in 2009/2010 and received a letter from Mr. Jenkins stating there is no historical significance for the property. He stated there is a drainage plan to be put in place to assist with the condensation in the bunker wall. Mr. deLevis approached mayor and council to address Mr. Chambers' concerns as he had not considered the petitioner's resolution. He would disagree that the veneer would not just be cosmetic but would be a sealing of the walls and floors. He would respectively disagree with Mr. Chambers' comments. Mr. Chambers once again approached mayor and council to clarify the letter written stating the battery had no historic significance. He stated that the battery will not lose the historic significance but it did lose it's integrity some decades ago. The structural cracks in the battery are due to the firing of the guns during battle. Mr. Sotus approached mayor and council to discuss the variances before mayor and council as there is no hardship associated with this request. Mimi Pinner, 28 Taylor, approached mayor and council to asked mayor and council to deny this request. Mr. Nikola approached mayor and council to rebut previous comments regarding the slab and the 10' setback. He asked Ms. Otto to again read from the Code in regards to the granting of a variance. He would ask mayor and council to grant the variance requests before them tonight. Nancy West approached mayor and council and confirmed that fill dirt was not brought in after the demolition but prior to the demolition. She would ask that mayor and council deny this request. Mike West approached mayor and council and asked that mayor and council deny this request. Mr. Nikola approached mayor and council to restate his proposal and would ask mayor and council to approve his variance request. Doug Cromwell approached mayor and council to express his concerns with the proposed structure as it is patterned after Hilton Head. Selina Solitario approached mayor and council to express her concerns with the trees, impact of the dunes and the variance requests. Mr. Garbett asked Ms. Otto to restate the variances that are before mayor and council. Ms. Otto read from the packet and explained each item (as listed below). Mr. Hughes recommended that each variance be handled separately. b) 2 — 3" Masonry veneer to existing bunker structure to avoid further deterioration of the exterior bunker structure and for long term weather protection. Paul Wolff made a motion to deny. Bill Garbett seconded. Voting to deny were Paul Wolff, Jan Fox, Wanda Doyle and Bill Garbett. Voting in favor was Barry Brown. Motion to deny carried 4-1. Tom Groover recused. c) Vertical building within 10'-0" Tybee B.S.L. to toe of dune. Barry Brown made a motion to deny. Paul Wolff seconded. Vote was unanimous 5-0. Tom Groover recused. d) 33 sq. ft. Triangular "Shadow Cantilever" on northwest side of bunker to square off proposed residence on top of bunker. Jan Fox made a motion to deny. Bill Garbett seconded. Vote was unanimous 5-0. Tom Groover recused. e) 2.31 sq. ft. proposed triangular bunker encroachment into northeast corner B.S.L. with the addition of 2" to 3" masonry veneer as request in Item A. Jan Fox made a motion to deny. Bill Garbett seconded. Vote was unanimous 5-0. Tom Groover recused. Text Amendment — 35-2013A - consideration of amendment to R-2 district permitted uses; Section 4-050(C) — District Use Regulations; R-2, One — and Two — family Residential District. Ms. Otto explained that this is first reading and if approved this evening, second reading would be on December 12, 2013. This request is to take the uses permitted from the R-1 district and move to the R-2 district as the current ordinance for the items permitted after special review is only the home occupation. Ms. Otto stated that there is an applicant awaiting the decision of this text amendment and will come before mayor and council if approved. The Planning Commission heard this item and the motion was to approve with a unanimous vote. Mayor Buelterman asked Ms. Otto is there were B&B's in the existing zone currently? Ms. Otto responded yes. Paul Wolff made a motion to approve. Tom Groover seconded. Vote was unanimous 6-0. Consideration of Ordinances, Resolutions First Reading, 36-2013, Sec. 26-42, Fire Subscription. Ms. Fox questioned if the cost of the fire equipment was calculated into the amounts the resident pay for fire protection. Ms. Schleicher explained that she used the current fiscal budget, capital budget. Mr. Wolff confirmed that the rate is going to $100 per year and increasing that every year using the consumer price index. Mayor Buelterman confirmed. He asked for clarification for those who are not enrolling in the service. Mr. Hughes explained that is covered in 37-2013 which is next on the agenda. Paul Wolff made a motion to approve. Tom Groover seconded. Vote was unanimous 5-0. Barry Brown recused. First Reading, 37-2013, Sec. 26-41, Fire Subscription Rates. Mr. Hughes stated that the only change is the non-subscriber will receive the service but will be required to pay an hourly fee. Mr. Groover asked Mr. Hughes how this fee would be collected. Mr. Hughes responded that it would come from the insurance company and if there was no insurance, the City would bill the resident and pursue efforts to collect. Paul Wolff made a motion to approve. Wanda Doyle seconded. Vote was unanimous 5-0. Barry Brown recused. First Reading, 38-2013, Sec. 66-104, Limitations on Idling Vehicles. Mr. Hughes explained the changes as outlined in the packet. There was a short discussion regarding the exemptions with the Water/Sewer Department, Tybee Island Police Department and other departments on the Island. Ms. Schleicher confirmed she had spoken with Chief Bryson and he agreed with the proposed ordinance. Paul Wolff made a motion to approve. Tom Groover seconded. Voting in favor were Paul Wolff, Tom Groover, Jan Fox and Bill Garbett. Voting against were Wanda Doyle and Barry Brown. Motion carried 4-2. Council, Officials and City Attorney Considerations and Comments Jason Buelterman stated that he would like Diane Schleicher, Wanda Doyle, Debra Barreiro and himself to meet with Mr. Wilson to come up with a plan to re-plant the median. Jason Buelterman, License Plate Reader (LPR). Mr. Brown would like more information prior to voting on this agenda item. Ms. Fox stated that this is an important thing to do given the City needs to be more proactive regarding Orange Crush. She would like a policy stating that all data is destroyed within 72 hours so the City is not maintaining personal data. Mr. Groover questioned if the reader is a privacy issue. Ms. Fox responded it is also a safety issue. Mr. Garbett stated there is no privacy issue involved as license plates are available for anyone to read. He further stated that Chief Bryson is willing to put restrictions in place as recommended by mayor and council. There was a discussion regarding how the reader will identify suspected felons, etc. Mr. Hughes stated that in his opinion there are privacy issues involved with the reader. He explained that he did contact Georgia Municipal Association attorneys and has not received a response to date. If this information is obtained in the course of a criminal investigation it might cause problems with open records requests as well as retention schedules. Mayor Buelterman asked Ms. Schleicher if she has received information from Chief Bryson explaining the policy. Mr. Brown asked for a price comparison regarding a hand held versus a stationary unit. Ms. Doyle responded that there is difference in price and explained that the stationary unit includes a traffic counter. Mayor Buelterman stated this unit is advantageous in terms of the data collection as additional data will be available. Ms. Schleicher stated that she had a conversation with the vendor and explained the different uses which are public safety and data regarding the number of vehicles which visited the Island, to include the point of origin. Different reports will be available and can be customized to fit the needs of the City. The report could include the duration of the visit as well as the origin of the license tag. It would not include the name of the tag owner or the tag number. This report would be beneficial to the Tybee Island Tourism Council. Mayor Buelterman then asked Mr. Hughes if there would be privacy issues with the report as outlined by Ms. Schleicher. Mr. Hughes responded that he does not believe there is any legal prohibition to have only that information included in a report. Ms. Hudson approached mayor and council stating that the unit will be stationary and does read if the vehicle associated with the tag has current insurance. Mr. Wolff stated that his concern is that the information is managed correctly and would agree with Ms. Fox's recommendation that all information be restricted. He would recommend that the monies be taken from the technology fee line item through the Tybee Island Court rather than the general fund. Ms. Hudson stated that the technology fees are currently committed under the small equipment line item. Mayor Buelterman stated that it was his understanding that monies were available for this purchase. Ms. Hudson confirmed the monies to purchase this reader would be taken from the contingency fund line item as there is not sufficient funding in the police department budget. Mr. Wolff stated that he is not in favor of funding being taken out of the contingency fund line item. Ms. Doyle stated that this was discussed at the Public Safety Committee meetings and it was decided that this funding would be taken from the contingency fund line item as monies were not available in the technology fee line item. The Committee agreed to postpone this purchase until the next budget cycle. When Dr. Toma, Armstrong College, approached the Committee regarding the traffic counters not working properly as this information is important to the Tybee Island Tourism Council. Mr. Wolff asked Ms. Hudson if monies could be borrowed against generated funds. Ms. Hudson confirmed. Mayor Buelterman stated there are two issues at hand: (1) budgeting and (2) privacy issues. Ms. Fox stated that information needs to be disseminated to the public as it is more of a public safety issue than a privacy issue. Ms. Doyle responded that mayor and council need to stress the gathering of the information as it assists the entire Island financially. Mr. Garbett reaffirmed that a policy needs to be reviewed and approved by mayor and council prior to purchasing this equipment. Bill Garbett made a motion to approve the purchase of a license plate reader to collect data only until such time as mayor and council develop and establish a policy for collected data. Wanda Doyle seconded. Discussion: Ms. Fox asked Ms. Hudson if the purchasing policy was followed. Ms. Hudson replied that Chief Bryson did receive several quotes. Ms. Schleicher stated that Chief Bryson did receive three quotes for the reader. Mr. Brown asked for confirmation of the use of the reader. Mayor Buelterman explained that the reader would be used for counting traffic only and at such time as the policy and procedures are established regarding data, it would be used for collection of information associated with the license plate holder. Mr. Wolff again asked Ms. Hudson for confirmation that monies could be used as a loan against the technology fee line item which has been running a surplus to purchase the reader. Ms. Fox suggested the monies be taken from the contingency line item and reclassify the purchases at a later date as the technology fund build. Keith Gay approached mayor and council stating that one benefit of the traffic counter would be that the City would have definitive identification of how much traffic is coming from the state of Georgia which would give you the lobbying power to respond to the state and federal governments as it relates to beach re-nourishment. This will re-affirm that Tybee Island is Georgia's Beach. Voting in favor were Paul Wolff, Tom Groover, Jan Fox, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Motion to approve carried 5-1. Wanda Doyle gave an update on the Public Safety Building explaining that the first sub- contractor bids for such items as site work, electrical, plumbing, etc., is due to Elkins Constructors on Friday, November 15, 2013. She further explained that there will be a walk- through for the demolition on Monday, November 18th and will commence on the following day. Ms. Doyle stated that the Guaranteed Maximum Price Draft to the Public Safety Committee on December 10th which begins at 1:00PM. December 19, 2013 at 4:00PM, the Public Safety Committee will approve the budget for the Public Safety Facility. Wanda Doyle explained the Department of Homeland Security, Port Security Grant Program, FY 2013. Ms. Doyle is requesting mayor and council to approve Mayor Buelterman signing a letter of intent to support this project only not committing the City to any financial commitment. Wanda Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous 6-0. Paul Wolff gave a trip report on his recent workshop, Local Government Challenges in dealing with Rising Seas in Yulee, FL. He stated he learned the Corps of Engineers is now factoring sea level rise into all their long range plans as is the City. There was also good information on the community rating system and a good website for further information is www.CRSresources.org. Mr. Wolff recommended the following language be included in Tybee Island's Comprehensive Plan: "Development and re-development shall be permitted only when consistent with sound planning practices that shall protect life and property from the effects of coastal erosion, flooding, sea level rise or damage to environmental systems". This will incorporate the effects of climate change into our long range plans. Ms. Fox requested that Ms. Schleicher add this to the Short Term Work Plan. Paul Wolff discussed the GAWWG model Wind Turbine Ordinance — request sending to Planning Commission for their review. Mr. Wolff explained the proposed model ordinance and requested it be sent to the Planning Commission for their recommendation. Paul Wolff made a motion to approve. Jan Fox seconded. Discussion: Mayor Buelterman recommended that prior to moving forward with a wind turbine, that all options to include location be thoroughly reviewed. Mr. Wolff confirmed. Voting in favor were Paul Wolff, Jan Fox, Wanda Doyle and Bill Garbett. Voting against were Tom Groover and Barry Brown. Motion to approve carried 4-2. Bubba Hughes, GA Power Easement, Rivers End Campground, ultimate title holder. Withdrawn. Bubba Hughes explained the draft policy, Minority Business Enterprise Policy, that is before mayor and council as it is a policy for implementing participation as required in connection with projects where federal funds are received. Ms. Hudson approached mayor and council approached mayor and council to further explain this draft policy. This policy would assist in networking to find small businesses that would be able to provide services. Ms. Fox asked if Ms. Hudson had shared the information with Ms. Morton, Better Hometown Coordinator. Ms. Hudson responded no she had not. Ms. Fox recommended that this is something that would be of interest to the Better Hometown. Ms. Hudson confirmed and will bring more information to mayor and council at a future meeting. No Action Taken. Diane Schleicher explained the proposed Policy for Overtime and Comp Time. Ms. Fox stated that she understood the police overtime would be put back to the regular"over 40 hours a week" which is not included in the proposal before mayor and council. Ms. Schleicher stated that "Section 11" would be stricken from the Policy. Mayor Buelterman asked Ms. Schleicher if staff have reviewed and provided their recommendations. Ms. Schleicher confirmed. Jan Fox made a motion to approve as amended, Section 11, be stricken from the Policy. Tom Groover seconded. Vote was unanimous 6-0 Paul Wolff made a motion to adjourn. Tom Groover seconded. Vote was unanimous 6-0. Meeting adjourned at 11:43PM