HomeMy Public PortalAbout050_010_20140213CityCouncilMinutesAmended City Council Minutes 20140213
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on February 13, 2014.
Those present were Mayor pro tern Wanda Doyle, Paul Wolff, Monty Parks, Rob
Callahan, 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:
• January 23, 2014, City Council Minutes
• Brenda Marion, Main Street Board of Directors, Re-appointment
• Tybee Island Mardi Gras (March 1): 12PM — 11PM (Tybrisa St., Roundabout,
portion of 16th Street parking lot): Parade at 2PM (4th St — Butler — Tybrisa —
Strand) South End Association of Bars and Restaurants (SEABAR). Discussion:
Mayor Buelterman asked Ms. Schleicher where the event is going to be located.
Ms. Schleicher responded SEABAR was going to set up at the round-about. She
explained that SEABAR is asking that city fees be waived as they were not able
to participate in the grant process during the budget cycle. Mr. Garbett asked if
the crossover would be closed during the event. Ms. Schleicher confirmed and
explained that local business owners were notified of the road closure and that
Butler would not be affected. Ms. Doyle stated that she has encouraged SEABAR
to fill out the proper grant paperwork for next budget cycle. A discussion ensued
regarding fees and Mr. Wolff suggested that the fees be capped at $2,000. Ms.
Doyle stated that SEABAR was not afforded the opportunity to submit paperwork
at the budget cycle as they had not taken the responsibilities of events at that
point. Ms. Schleicher stated that previously fees had not exceeded the $2,000
cap. Mayor Buelterman suggested that fees be waived up to previous fee waiver
or $2,000, whichever is greater. Mayor and council agreed.
• Alcohol License Request — Special Event — Beer/Wine — SEABAR, Tybee Island
Mardi Gras, March 1, 2014
• EPD Consent Order (CO) and City of Tybee Water and Sewer Department
Corrective Action Plan (CAP) — Attached is a stream lined version of the CO that
the EPD staff has agreed with city staff to approve. The Infrastructure
Committee recommended approval of the first longer draft version on 1/9/14 (3-
0). This current revision of the CO and CAP provides more clarity of what is
required in the CO and CAP for the both EPD and city staff. Account Number:
505-4310-52-3600 (Sewer Administration Dues and Fees). Discussion: Mr.
Wolff stated that this was discussed in depth at the recent Infrastructure Meeting
and the revised consent is as good as it is going to get. The Infrastructure
Committee recommended that mayor and council approve this agenda item. He
further explained that the corrective action will take approximately six months
and the EPD was assured that all corrective measures will be completed within
that timeframe. Mayor Buelterman asked Ms. Schleicher if all the water/sewer
lines that were identified during the summer been repaired. Ms. Schleicher
stated that the Plan and Consent Order is to repair the lift station (#6) back to
the Waste Water Treatment Plant and has been identified in the Corrective
Action Plan. Mayor Buelterman asked Ms. Schleicher to contact Mr. Reese and
have him identify any lines that need to be address so it can be included in the
budget cycle.
• Nomination of Wanda Doyle, Mayor pro-tem to Third Vice President, District 12,
GMA. Discussion: Mayor Buelterman explained that Mayor pro-tem Doyle has
worked extremely hard within District 12 and he would like to nominate her for
Third Vice President. Mayor and council confirmed.
Mayor Buelterman asked Mr. Hughes to clarify the policy that is in place associated with
the private parking lots in a residential area. He stated that parking would only be
allowed during specific weekends of the year. Mr. Hughes confirmed. Mr. Hughes
stated that no changes have been made to the current ordinance and it allows mayor
and council to set the dates, time of operation and any conditions that are appropriate.
Mayor Buelterman asked Mr. Hughes for a recommendation regarding approval of the
four parking lots in residential areas. Mr. Hughes responded that each parking lot could
be treated individually or as a group. There was a short discussion regarding the
weekends of operation being Memorial Day, 4th of July and Labor Day which would be a
total of ten days. Mayor Buelterman recommended that the commercial and residential
parking lots be treated individually. Mr. Hughes confirmed.
Mayor Buelterman called the regular meeting to order at 7:00PM. All those present
for the consent agenda were present.
Opening Ceremonies
• Call to Order
• Invocation: Jan LeViner
• Pledge of Allegiance
Report of Staff, Boards, Standing Committees and/or Invited Guests
• Jim Kluttz, Polar Plunge, Future Events and Introduction of Melissa Turner, Exec
Director, FOTT. Due to a conflict, did not attend.
Paul Wolff made a motion to approve the consent agenda. Monty Parks seconded.
Vote was unanimous.
Public Hearings
Annual Review of Private Parking Businesses
• Sunrise Parking — 1511 Butler Avenue and Ocean Plaza/Resort Inn —
1401 Strand. Mayor Buelterman clarified that this item is for commercial
parking lots which would operate year round. Will Jordan, 1511 Butler
Avenue approached mayor and council to speak in favor of this item. He stated
that there are no changes in the operation of the parking lot. Mr. Parks asked
staff if there were any recorded complaints associated with the two commercial
parking lots. Ms. Schleicher stated none. Monty Parks made a motion to
approve these two parking lots for their annual review. Wanda Doyle
seconded. Vote was unanimous, 6-0.
• Renee Bridges — 1001 Butler Avenue, Bramble Family — 215 Lovell,
Joyce Prescott — 214 Second Avenue, Jack Rosenberg — 203 Fourteenth
Street. Mayor Buelterman stated these four parking lots operated for a total of
eight days, surrounded by three holidays: Memorial Day, 4th of July and Labor
Day. He would recommend mayor and council hear from the public and then go
forward with a motion. Dr. Setline, #1 10th Street, approached mayor and
council to speak in opposition of the residential parking lot on 1001 Butler
Avenue. He described problems associated with this parking lot which included
traffic and pedestrian traffic. Steven Fisher, #11 10th Street approached mayor
and council to speak against the approval of the private parking lot on 1001
Butler Avenue. He thanked mayor and council for the compromise in 2013 with
limiting the dates of operation and would request that if approved the dates of
operation would continue to be limited to the three holidays. Marianne Bramble
approached mayor and council to speak in favor of this item. She would further
request mayor and council grant a license that would permit her to operate her
lot at 215 Lovell for 32 days of operation. This of course is contingent upon the
weather. Joyce Prescott, 214 Second Avenue, approached mayor and council to
speak in favor of this agenda item as these lots are being used for overflow
parking only. Kitty Williams approached mayor and council to speak in opposition
of the private parking lots in residential zones. She stated that the City does not
need private parking lots in residential areas as it is a disservice to the citizens
and speaks to spot zoning. Ms. Williams also described the public safety issues
with the lot on Second Avenue and the City needs to address parking on the
Island. She concluded by stating that the solution to the parking is not to put
parking lots in residential zones. Jimmy Williams approached mayor and council
to speak in opposition of the private parking lots in residential zones. He stated
that this is spot zoning and would ask mayor and council to not approve
residential parking lots. Mr. Garbett stated he is supportive of the private
parking lots in residential areas as it alleviates some of the congestion on the
Island. He is in agreement with the compromise for days of operation from the
previous year. Bill Garbett made a motion to approve operation during the
three major holidays, Memorial Day (3 days); 4th of July (4 days); and Labor Day
(3 days). Paul Wolff seconded. Discussion: Mr. Parks requested Mayor
Buelterman review the fee structure for these four lots. Mayor Buelterman
stated that the fees were reduced previously. Ms. Schleicher stated that the
business license is $135.00 and the regulatory fee is $200.00. Mr. Brown
expressed his concerns with the four private parking lots in residential areas. Mr.
Hughes clarified there is a motion on the floor and if approved, permits would be
limited to the number of vehicles reflected on the application and survey as
being permissible at each location to include the property corners being marked.
Mr. Brown asked Ms. Schleicher for clarification of compact cars parking in the
residential parking lots. Ms. Schleicher stated that vehicles are required to park
within the property lines which would preclude parking in the City rights-of-way.
The compact cars would park in the smaller areas and the larger cars where
there is depth on the lot. Those voting in favor were Paul Wolff, Monty Parks,
Rob Callahan, Wanda Doyle, and Bill Garbett. Barry Brown opposed. Motion
carried, 5-1.
Variance — 13 T.S. Chu Terr.; PIN 4-0009-04-006; Zone C-1; Roy Ogletree,
petitioner; consideration of height variance request. Barry Brown recused.
Dianne Otto approached mayor and council stating that this item is an after the fact
variance request for height at 13 T.S. Chu Terrace. The Planning Commission heard
this item and voted to deny 4-1. She stated that the property was surveyed by a
licensed surveyor and the height of the current structure as elevated is 43.22 feet
above sea level. Further the average grade which was calculated for this property and
certified is 6.875. Once calculations were done, the structure is at 36' 4.1" which is 1'
4.1" above the 35' height limit island wide. Mayor Buelterman asked for clarification of
the flood map. Ms. Otto stated the structure is AE base flood. She further explained
the grade calculation and the 1' freeboard requirement. Ms. Doyle commented that the
resident does deserve relief with this agenda request. She further stated that mayor
and council need to review the current Code due to the changes in the freeboard
requirement to include the terminology "hardship". Ms. Doyle explained the residence
was built in 1930 and the owners chose to elevate the home due to several issues. She
would ask for input from mayor and council as well as Mr. Hughes regarding moving
forward with relief for the homeowner. Mayor Buelterman stated the City has until April
1, 2014 for the Community Rating System (CRS) reviews and there needs to be
continuity with a decision going forward. He then asked Ms. Otto if this request could
be place on a future agenda, allowing the owners to occupy the structure and return to
mayor and council after the freeboard and associated impacts are determined. Mr.
Hughes stated it is difficult to have a text amendment reviewed, properly published and
to have a public hearing prior to April 1, 2014. He defined that if the applicant is in
agreement, mayor and council could withhold action and grant a temporary certificate
of occupancy. Ms. Otto stated that the structure is currently being occupied without
consulting staff and safety requirements were done the date of the move in to make
the habitation possible. Mr. Garbett confirmed that this is an after the fact variance
request. Ms. Otto responded that the building permit would not have been issued to
elevate the structure without the residents agreeing to cut the roof as it would have
been an illegal structure due to the height limit on the Island. Mr. Garbett
recommended that mayor and council contend with the request on its own as he would
like to see the roof line preserved for the benefit of the street scape. Mr. Parks stated
that if a structure is at 35' and at ground level, with the owners wanting to do the right
thing by raising the structure, a conditional certificate of occupancy should be granted
to accommodate the 3' freeboard. Mr. Wolff agreed and is concerned with lowering the
City's CRS rating which includes the provision of fill dirt, measuring the structure from
the adjacent grade not the foot print of the structure, and look at a provision for
residents who elevate the building out of the flood plain to give them up to 3' of height
variance on a case by case basis. Roy Ogletree approached mayor and council to speak
on behalf of Ms. Baber who is the owner of the property. Mr. Ogletree provided mayor
and council with additional drawings which were not in the packet (attached). He
explained that the only differences were that he combined the drawings from previously
submitted to show the 35' height of the structure. He discussed that Ms. Baber does
have a hardship as she is between FEMA and Tybee regulations. She is required to go
to the 15' finished floor elevation to the lowest point of the duct work due to Tybee
regulations therefore it is a hardship. Mr. Ogletree stated that a permit was applied for
and granted to raise the structure to the absolute minimum which complied with FEMA
standards and the 1' freeboard. He would ask for relief for Ms. Baber. Mr. Garbett
asked Mr. Ogletree why a variance was not requested prior to the onset of the project
as it would have been the proper procedure to follow. Mr. Ogletree stated it was not
intentional as the structure was sitting down with no crawlspace so that an accurate
measurement could be taken for the duct work. Once the underneath was cleared so it
could be surveyed it was then confirmed that the duct work was going to be below
what is required. He then described other options which would have compromised the
living space as well as costly to the owner. After all options were weighed Ms. Baber
decided to ask for a variance. Ms. Doyle questioned why the builder of the residence
installed the duct work under the house. Mr. Ogletree responded that this was the
choice of the builder and it was not a bad decision. Mr. Parks asked Mr. Ogletree when
the structure was first raised. Mr. Ogletree responded that the process began in late
November and was completed in December 2013. Mr. Parks asked Ms. Otto who would
seal these drawings for height, an architect or a surveyor. Ms. Otto responded either
but what is not known is the average grade for each of the projects not only in the past
but current. She confirmed that the permit was granted on December 5, 2013 to raise
the structure and December 19, 2013 for renovations. Mr. Hughes interjected that the
average grade before a structure is built is determined before any alteration of the
ground is completed. Mr. Parks discussed his concerns with the drawings as related to
the existing structure to include fill. Mr. Ogletree responded that there is no way to
know what was done pre-construction. Mayor Buelterman then asked Mr. Ogletree how
high above base flood level is the duct work. He responded 1' above base flood.
Mayor Buelterman thanked Mr. Ogletree for answering all mayor and council's concerns.
Bert Barrett, professional land surveyor, approached mayor and council stating that he
was responsible for completing all the survey work for the owner of the residence. He
further explained that Ms. Baber did not ask nor did she pay him to speak before mayor
and council. He has compassion for Ms. Baber and is before mayor and council to give
history on the height requirement. He then explained how the 35' height limit
ordinance was adopted as former Mayor pro tem Jack Youmans desire was to have staff
approve all height questions and not go before the Planning Commission or mayor and
council. As time passed, all variances came before mayor and council. Mr. Barrett
explained that the elevations before mayor and council are the original ground
elevations as he did the drawings. He then asked for compassion for Ms. Baber as
topography is a hardship. Mayor Buelterman thanked Mr. Barrett. Charlie Kirk
approached mayor and council to speak in favor and this request. Mr. Kirk explained
that he is before mayor and council to also speak in favor of the house as it has been
standing since 1938 and is a family house. Mayor Buelterman thanked Mr. Kirk for his
comments. Wanda Doyle made a motion to approve. Bill Garbett seconded.
Discussion: Mr. Parks expressed his concerns in respect to granting variances as he
feels mayor and council need to revisit the 35' height limit with regard to bringing in
line with FEMA. Voting in favor was Paul Wolff, Monty Parks, Wanda Doyle and Bill
Garbett. Rob Callahan opposed. Motion carried 4-1.
Text Amendment — Section 9-050(B) — Technical Codes Adopted, copper
wire; consideration of change to copper wiring requirement. Dianne Otto
approached mayor and council stating this is a first reading of a text amendment and
would strike from the current ordinance the requirement that all electrical wiring service
be copper wire. Planning Commission heard this agenda item and there was a motion
to approve and passed 4-0 in favor of the motion. Mayor Buelterman expressed his
thoughts mandating copper over aluminum. Johnny Russell approached mayor and
council to speak in favor of copper wiring as there is oxidation with the salt air when
using aluminum wiring. He explained that copper is more expensive but does a better
job in regards to safety issues. Mr. Russell also showed mayor and council a burnt piece
of aluminum wiring which was taken from an air conditioning unit. Ms. Doyle asked
Mr. Russell the age of the unit. Mr. Russell responded that the residence was built in
the 1970's and further discussed problems in other homes where aluminum was used.
Ms. Doyle responded that in her research it is the older homes that are having safety
issues as improvements have been made regarding aluminum. She stated that the
National Electrical Code (NEC) states that as long as the correct aluminum feeds are
used there are fewer safety issues. Mr. Russell explained that when using aluminum, it
expands and contracts which makes lugs loose. He does not feel that the lugs loosen
due to improper insulation but to the load put on the wiring. Mr. Russell stated that he
is in favor of retaining the requirement for copper wiring as it is beneficial to the
homeowner. Ms. Doyle referenced correspondence from Elkins Constructors as well as
Greenline Architecture in favor of using aluminum wiring. Her goal is to give
homeowners a choice. Mr. Wolff confirmed and asked Mr. Russell if using aluminum
wire is a fire hazard or is it a nuisance to keep tightening the connectors. Mr. Russell
responded it is a nuisance and an expense. Mr. Wolff expressed his concerns regarding
public safety and the use of aluminum wire. Mr. Parks thanked Mr. Russell for his time
and asked for clarification of the sample of burnt wiring he presented to mayor and
council. Mr. Russell explained that it was an example of interior wiring. Mr. Parks
agreed with Ms. Doyle with giving a choice to residents regarding their choice of wiring.
Mr. Brown stated he will continue to use copper feed in the buildings he constructs as
he has concerns with safety of the homeowners. Charlie Kirk approached mayor and
council stating he is a licensed contractor and would ask that aluminum wire be
disallowed and continue to approve copper wire. George Rentiers approached mayor
and council and would ask that the City does not revert back to approving aluminum
wire as it is a public safety issue. Ms. Doyle discussed the bid process with the wiring
for the new public safety building. Bill Garbett made a motion to approve. Monty
Parks seconded. Discussion: Mr. Wolff stated his concerns with safety issues in
using aluminum wire. Mr. Garbett responded that it is well documented problems in
using aluminum wiring in the 1970's as there were faulty connections. This has now
been improved. Mr. Garbett explained that Georgia Power uses aluminum wire in their
installations as it is more efficient. Mr. Brown expressed his concerns as he would not
use aluminum wire in his residence. Voting in favor were Monty Parks, Rob Callahan,
Wanda Doyle and Bill Garbett. Voting against were Paul Wolff and Barry Brown.
Motion carried 4-2.
Text Amendment — Section 3-060 — Bed & Breakfast (Residential);
consideration of amendment to requirements for bed & breakfasts. Dianne
Otto approached mayor and council to explain this agenda item. She stated that this
text amendment is a result of different considerations mayor and council have heard
regarding residential bed and breakfasts (B&B) and parking issues. What is before
mayor and council is a clarification of special review as related to special event
applications and parking issues. Ms. Otto explained that the Planning Commission
recommended changes in the language as shown in the packet and approved the
changes 4-0. Ms. Doyle asked for clarification of the requirement for handicapped
parking. Ms. Otto stated that the handicapped parking is based on the requirements of
the American Disabilities Act (ADA) approved table and based on the total number of
parking spaces. Ms. Doyle asked Ms. Otto her preference regarding this issue. Ms.
Otto stated that her preference is the original version that Planning Commission
received not the version they voted to approve as she is not in favor of parking to be
off-site or shuttle people. A discussion ensued regarding monitoring the number of
guests at these events and how best to ensure there is only 20 guests in attendance.
Monty Parks made a motion to approve the language that is proposed prior to the
Planning Commission addition. Barry Brown seconded. Discussion: Mayor
Buelterman and Mr. Parks expressed their concerns regarding parking at the B&B's
during special events. Ms. Doyle stated she would agree with Ms. Otto as all
applications are reviewed by staff and are aware of all instances and possible violations
regarding parking. Ms. Schleicher further explained the stipulations regarding parking
for residential parking. Voting in favor were Paul Wolff, Monty Parks, Wanda Doyle,
Barry Brown and Bill Garbett. Rob Callahan opposed. Motion carried 5-1.
Text Amendment — Section 3-106 — Protective Screening of Adjacent
Property; consideration of amendment to buffering requirements. Ms. Otto
approached mayor and council to explain this agenda item. She stated that this
outlines the requirements for commercial use abutting a residential use as there are
basic requirements of what a buffer or protective screening is to be made up of. Ms.
Otto stated if a proposal does not meet the requirements, mayor and council may treat
the proposed plan under special review and incorporate any conditions or changes as
needed. This will not be considered special review where an additional $500 fee is
required as the petitioner did not meet the basic requirements of the protective
screening. Also, the Planning Commission consideration was a motion to approve with
a vote of 4-0. Ms. Doyle would recommend that language in Sec 3-160(C)(1) be
removed regarding the provision that in no instance will a street sidewalk be
permissible as a buffer. Ms. Otto stated that this was discussed at the Planning
Commission meeting and it was their desire not to include in their motion. Mr. Hughes
clarified that Sec 3-1260(C) is to ensure the ordinance conform with mayor and councils
previous instances (three times). He then explained the history with the provision
regarding the requirement for a buffer adjacent to a street sidewalk. Wanda Doyle
made a motion to approve as written with the exception of Sec 3-160(c)(1) which
would include the change in language, "street, sidewalk or other like improvements will
not ordinarily constitute a buffer" in Sec 3-160(C)(1). Paul Wolff seconded. Vote was
unanimous, 6-0.
Mayor Buelterman asked Mr. Hughes for clarification regarding the protocol for the
following agenda item. Ms. Otto explained that this is an agenda request so that mayor
and council adopt them as written. Mr. Hughes stated that the text amendments as
listed have not been changed from what was previously approved as this is a
procedural issue to avoid any future problems.
Consider possible changes to the following section of Article 3:
• Text Amendment — Section 3-020 — Continuance of Non-confirming
Uses/Structures. Paul Wolff made a motion to approve. Rob Callahan
seconded. Vote was unanimous, 6-0.
• Text Amendment — Section 3-030 — Reduction in Lot Area. Monty
Parks made a motion to approve. Rob Callahan seconded. Vote was
unanimous, 6-0.
• Text Amendment — Section 3-040 — Substandard Lots of Record.
Wanda Doyle made a motion to approve. Rob Callahan second. Vote was
unanimous, 6-0.
• Text Amendment — Section 3-090 — Schedule of Development
Regulations. Monty Parks made a motion to approve. Rob Callahan
seconded. Vote was unanimous, 6-0.
• Text Amendment — Section 3-110 — Single-family Residential
Standards/Manufactured Home Standards/Recreational Vehicle
Standards. Monty Parks made a motion to approve. Paul Wolff seconded.
Vote was unanimous, 6-0.
• Text Amendment — Section 3-120 — Access to Public Street Required.
Monty Parks made a motion to approve. Rob Callahan seconded. Vote was
unanimous, 6-0.
• Text Amendment — Section 3-130 — Structures to be moved. Monty
Parks made a motion to approve. Wanda Doyle seconded. Vote was
unanimous, 6-0.
• Text Amendment — Section 3-140 — Unsafe Structures. Paul Wolff made
a motion to approve. Wanda Doyle seconded. Vote was unanimous, 6-0.
• Text Amendment — Section 3-150 — Prohibited Uses in Residential
Districts. Marianne Bramble approached mayor and council asking for
clarification of the definition of prohibited uses in residential districts. Mr.
Hughes read verbatim from the ordinance. Monty Parks made a motion to
approve. Rob Callahan seconded. Voting in favor were Paul Wolff, Monty
Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Barry Brown opposed.
Motion carried 5-1.
• Text Amendment — Section 3-165 — Greenspace. Paul Wolff made a
motion to approve. Rob Callahan seconded. Voting in favor were Paul Wolff,
Monty Parks, Rob Callahan, and Bill Garbett. Voting against were Wanda Doyle
and Barry Brown. Motion carried 4-2.
• Text Amendment — Section 3-170 — Home Occupations and Home
Business Offices. Monty Parks made a motion to approve. Rob Callahan
seconded. Discussion: Mr. Brown requested Ms. Otto clarification of the text
amendment. Ms. Otto read verbatim from the ordinance. Vote was unanimous,
6-0.
• Text Amendment — Section 3-190 — Swimming Pool Requirements and
Placement. Marianne Bramble approached mayor and council and would ask
this amendment to be read into the record and further asked if this pertained to
the proposed public swimming pool and its location. Mayor Buelterman
responded that it is mandated that it be 5' back from the property line where the
pool is and would not affect the proposed community pool. Mr. Hughes
confirmed and read verbatim the section regarding the 5' easement requirement.
Monty Parks made a motion to approve. Rob Callahan seconded. Voting in
favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Voting
against Wanda Doyle and Barry Brown. Motion carried 4-2.
• Text Amendment — Section 3-230 — Turtle Nesting Protection. Paul
Wolff made a motion to approve. Rob Callahan seconded. Vote was
unanimous, 6-0.
• Text Amendment — Section 3-240 — Wetlands Protection. Paul Wolff
made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0.
Adopt Zoning Map advertised for a public hearing but no action to be taken.
Mr. Hughes stated that the zoning map is in the room and has been reviewed. He
explained there is a text amendment to accompany the zoning map and has not been
through the Planning Commission for review. He would further recommend that this
item come back before mayor and council with the text amendment as it refers to the
zoning map. No action taken.
Consideration of Ordinances and Resolutions
First Reading, 20-2014, Municipal Code Section 58-179, Regulatory Fees;
Schedule; City of Tybee Island petitioner; consideration of amendment to
private parking lot fees. Mr. Hughes explained that the cost of the license fee for
private parking lots in residential areas is $135.00 and what is before mayor and council
is the regulatory fee. Bill Garbett made a motion to approve with the regulatory fee
for private parking lots in residential zoned areas $1.00. Paul Wolff seconded. Voting
in favor were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett.
Barry Brown opposed. Motion carried 5-1.
Second Reading, 01-2014, Article 8, Flood Damage Prevention; City of Tybee
Island, petitioner; consideration of increased freeboard requirements. Mayor
Buelterman reminded mayor and council that the site visit will not be until April 1, 2014.
He then asked Mr. Brown what progress he has made with working with developers and
others regarding this ordinance. Mr. Brown stated that he met with Jimmy Brown to
discuss lowering our CRS rating. He does not disagree with the freeboard but has
concerns regarding the 2' freeboard. There was a subsequent discussion regarding the
50% rule and the possible height variance. Mayor Buelterman clarified that if a resident
is between 1' and 3' of freeboard and something happens to the residence other than
flood damage that requires more than 50% of the structure being rebuilt under FEMA
guidelines, it would be required to be rebuilt with 3' of freeboard. Mayor Buelterman
would recommend that a workshop be scheduled with local builders, Jimmy Brown,
Monty Parks and Barry Brown to arrive at a plan. Mr. Garbett confirmed. Mr. Wolff
stated that what needs to be done is to consider the greatest good for the greatest
number of people as there may not be a large number of people that would fall into the
2' category with 51% damage done to their residence. He would recommend mayor
and council approve a 3' freeboard requirement on first reading and this would move
the process forward. Mayor Buelterman stated his concerns with first and second
readings and would like to move forward with a plan. Jimmy Brown stated that he is
working with CEMA to insure they are working with Tybee to lower the City's CRS
rating. Mr. Hughes recommended that this agenda item be advertised for a public
hearing on March 13, 2014 and possible second reading. As this would be permissible
if the ordinance had been previously introduced. Mr. Wolff confirmed and would ask
that the Planning Commission to look at an ordinance regarding fill in relationship to a
grade higher than the adjacent grade. Mayor Buelterman confirmed and asked Ms. Otto
to include on the agenda for the Planning Commission meeting in March. Ms. Otto
confirmed. No action taken.
Council, Officials and City Attorney Considerations and Comments
Residential Driveways, Sec 3-080, Policy on staff water testing. Wanda
Doyle recused. Mr. Hughes stated that as a result of the joint workshop between the
Planning Commission and Mayor and Council a draft ordinance is now being reviewed
by the Planning Commission. Clarification of policy is needed currently in respect to the
testing phase. He explained that Mr. Davis stated at the workshop that properly
installed pavers meet the 1" retention standard and staff is requiring a determination as
to testing. Mr. Brown stated that if the pavers were not maintained once installed it
would be a moot point. Ms. Schleicher reminded mayor and council that testing is a
policy and not part of the current ordinance. Mr. Wolff stated that he is in agreement
for no testing if the pavers are installed and maintained properly to include a 1/16"
spacer and accommodate the first once inch of rainfall. Ms. Otto confirmed that
inspections would be done. Paul Wolff made a motion that the Planning and Zoning
Department have oversight for installing pervious driveways and testing is not required.
Rob Callahan seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan,
and Bill Garbett. Barry Brown opposed. Motion carried 4-1. Clerk's Note: Mr. Brown
later clarified he had intended to vote in favor of the motion, not against.
Paul Wolff made a motion to adjourn to Executive Session to discuss litigation and real
estate acquisition. Bill Garbett seconded. Vote was unanimous
Bill Garbett made a motion to return to regular session. Paul Wolff seconded. Vote
was unanimous.
Paul Wolff made a motion to adjourn. Wanda Doyle seconded. Vote was
unanimous.
Meeting adjourned at 9:45PM
Jason Buelterman, Mayor Janet LeViner, Clerk