HomeMy Public PortalAbout20060413_TybeeCouncilMinsCouncil Minutes
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Meeting of 2006-04-13 City Council Minutes
Mayor Pro Tem Shirley Sessions called the Agenda Meeting to order at 6:30 PM. Council
Members present were, Mallory Pearce, Kathryn Williams, Wanda Doyle, Paul Wolff and Eddie
Crone. Mayor Buelterman was out of town.
Assistant City Manager Dee Anderson and City Attorney Edward Hughes were also present.
Mayor Pro Tem Sessions asked if the minutes from March 23, 2006 and the Alcohol License
for Tybee Bait & Tackle could be put on the consent agenda. Everyone agreed.
Mr. Hughes said the Bank Merchants Agreement was back on the Agenda this week after Mr.
Hedgecorth was notified that it was too late to consider his bid. Mr. Hughes said this could be a
part of the consent agenda as long as it was agreed to by all Council Members. All Council
Members agreed.
Mr. Anderson asked that the Budget Adjustment of $35,000 to purchase Emergency Radios be
a part of the Consent Agenda. Ms. Williams asked about the cost being over $10,000 and needing
to go out to bid. Mr. Anderson told Council this was an Emergency Purchase to replace radios
and had been requested under sole source procurement citing that there was only one source for
Motorola equipment maintenance at short notice in the area. Ms. Williams asked Chief Price if
the reason was because of compatibility with the existing system. Chief Price said that was
correct. The Emergency was the failure of the existing radios during a Fire Emergency at Huck-
a-poos.
Mr. Anderson explained the budget adjustment as coming from the Generator Project @ $8,200
and Software for Human Resources @ $11,340 and the elimination of the Parks Mower @
$10,000. Mayor Pro Tem Sessions asked who the City of Savannah used for their communication
systems. Chief Price said Savannah Communications is the only one around so all the area
municipalities use them. Mr. Wolff said this seems like something we have to do for public
safety. Everyone agreed that it could go on the consent agenda.
Mr. Wolff asked about the Travel Policy being on the consent agenda as long as the $50.00 a
day limits on food cost is there. Everyone agreed.
Mayor Pro Tem Sessions requested the Action Items List and the Parking Survey Results be put
on the Agenda for the next meeting.
Mayor Pro Tem Sessions called to close the Agenda Meeting.
Mayor Pro Tem Sessions called the Regular Meeting of the City Council to order at 7:00PM
Reverend David Laughner gave the invocation and the Tybee Memorial Guard Posted the Colors.
Everyone recited the Pledge of Allegiance.
***
Paul Wolff recognized the Donations for the DCA team and presented Certificates to:
Atlantis Inn, Mary Elfner, Bernie Goode, Tybee Beach Vacation Rentals, Diane Kaufman, Ocean
Plaza, Lou Off, Shirley Sessions, Linda Woods, Tybee Vacation Rentals, Capt. Mike
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Scarborough, Doyle landscaping, Tybee Arts Commission, Tybee Art Association, Tybee
Beautification Association, Fox Electronics, Huck-a-poos, Tybee Marine Rescue Squadron,
Tybee Neighbors Association, Eddie Crone, Marine Science Center, Sandy McCloud, Harry
Spirides, T.A.P.S., Tybee Historical Society, Tybee Tourism Council, Jimmy Brown, Bill
Cannon, Janice Elliott, Chris Freeman, April Moore, Dianne Otto, Greg Sampson, Richard
Thompkins, Shadara Wright, Todd Smith and Ann Miller.
Mr. Wolff thanked everyone and said he hopes to see good results from this endeavor.
Preliminary results should be on the City Website within a month for public comment.
Mayor Pro Tem Sessions thanked Mr. Wolff for organizing everything for this group.
***
Mayor Pro Tem Sessions thanked the Firefighters that responded to the Huck a poos fire within 6
minutes of the call. She said she feels much better about living on Tybee with such a dedicated
Fire Department.
Chief Sasser said his department did an excellent job with a response time of 6 minutes. He said
the first truck had 5 people and ended up with eight. He had requested additional tones but the
radio went down. He appreciates Council looking at the Budget Adjustment to remedy that
situation. He said he is proud of the Fire Department and the Dedicated Personnel that are giving
everything they can. He said he is sorry for the business owner but the timing was good because a
lot of the firefighters work in Savannah and the tone caught them before they left the Island so he
feels it could have been a lot worse.
Mayor Pro Tem Sessions said Huck a poos owner Eric Thomas and his staff have been a big part
of this community and have always helped out. She hopes there will be a fund raiser to help them
with their loss.
***
Mayor Pro Tem Sessions congratulated the Finance Officer and her Staff for the City having a
clean audit.
***
Mayor Pro Tem Sessions asked that everyone please contact Rep. Burke Day and our Beach Task
Force people and thank them because the State gave Tybee over 2.9 million dollars for Beach
Renourishment. She said we hope the federal government follows suit. She said thanks to
everyone that had a hand in that.
***
Jackie Brown said that she wanted to bring to public knowledge the bid for the crossover that
was issued in November was given to Entech but they did not purchase a business license until
March 06, 2006. She said she started asking Mr. Anderson questions on March the 4th and finally
e-mailed him again on the 6th and copied Ms. Sessions on the 11th and she was able to get the
records on the 12th. Ms. Brown said she had talked to Ms. Sessions about Entech bidding on a
three foot wide crossover and that it had been mentioned in the bid several times. She said she did
not know who did the specs. Ms. Brown said Mr. Anderson had told her that the material had
been delivered to DPW and then taken to the job site for Entech. She said Mr. Anderson had told
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her that DPW would do that for any contractor working for the City. She disagreed and said it
was the city’ s problem to check into. Ms. Brown said that the bid required 2 million in liability
insurance and they only had $100,000 according to the document she had. Ms. Brown said she
had contacted the Secretary of State of North Carolina and he said they only have one Entech and
that is Entech Animation with no association with anyone out of Tallahasee.
Ms. Brown said in the Savannah Morning News on March 28, 2006 it was justified that a police
officer shot a dog. She said a dog is supposed to be on a leash or in a fenced area. She said if this
dog happens to bother one of her grandchildren after the complaints that have been made
repeatedly and the video camera tape of the dog being loose. She wants Council to be aware of
the liability they are in. She said this dog has attacked people and on the 19th two police officers
went there and the dog tried to get them and was not contained on a leash.
Ms. Brown said she grew up on this Island and The Tybee Market ran East to West from Butler to
Lovell until it burned down. Mike Hosti decided to build it back the way it is now. She doesn’ t
see a problem with allowing him to change it to what it used to be. She said someone had said
Judge Oliver did not like the truck traffic and everything but she had talked to his sister in law
Seal Lynch and she said the Judge loved sitting on that porch and watching the people and all the
traffic. She said the Judge especially loved Mike Hosti and would have done anything to help
him.
Ms. Brown said she is praying to God that the City gets someone to lead them because in City
Hall there is no leadership.
Mr. Hughes said the Crossover is finished and it is 6 feet wide and ADA compliant as the specs
called for and he understood that we have insurance documents for the appropriate amounts. Mr.
Hughes said some mistakes were made that may not have been discovered if not for the open
records request so we have learned more about the process as a result of this. the problems have
been rectified.
***
Karen Moore was not present.
***
Mr. Julian Toporek asked Council to do something about the dust on Solomon Avenue. He said
the City has treated it at least twice and it is worse now than it has ever been. He said they are
inundated with dust all over their house and porch. Mr. Toporek said he had talked to Mark
Williams and Mr. Williams had said he didn’ t know what to do but thought that paving might be
the only way to cut the dust. He said it is a race track between 5th Ave and Campbell but even
when you drive at 15 mph it still creates a lot of dust. He said the City took the responsibility for
putting it down and they need to take it up and put something else down.
Mr. Crone said he had ridden down that street everyday this week at 15 mph and it creates a cloud
of dust.
Mr. Anderson said he and Mark Williams had discussed paving it but there was no money in the
budget for it.
Mayor Pro Tem Sessions said the Council would look for a way to get the money for it and
requested that it be added to the Action Items List.
Ms Pam Lossing lives on the other side of Solomon from Mr. Toporek and agrees that there is a
problem but she doesn’ t want it paved because it is an historic railroad bed. She said the sand
that was on it for years was not a problem so maybe the city could put the sand back. She said the
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City had put up speed limit signs but they just aren’ t working. She suggested that the city dig a
trench across the road and make a speed bump to slow people down.
***
Ms. Jacqueline Brown the owner of Jon Brown Construction told Council that on Tuesday her
husband Jon Brown had gone to court for a building code violation. She said the dispute
regarding the building code violation was regarding the labor cost on a remodel. Ms. Brown said
there is no set scale for labor cost posted in the Zoning Department. She said her husband had
received the maximum sentence that a contractor can receive. He received a $3,180 fine and in
lieu of Jail time received 1 year of probation. She said she was speechless as a citizen and as the
owner of Jon Brown Construction. Ms. Brown told Council we do not have leadership or equality
in the Zoning Department. She suggested reconstruction. She said she has personal knowledge of
people that had building code violations. She said her neighbors had installed 4 new pilings and
extended their dock without a building permit. She quoted from section 5-160 under enforcement
under section 2, it says 15 days final notice (certified mail) shall be given stating the actions the
Zoning Officer intends to pursue if the violations are not corrected. It further advises that the
Zoning Officer’ s decision may be appealed to the Mayor and Council at the next scheduled
meeting. Ms. Brown said she is not appealing to the Mayor & Council because she has already
hired an attorney. She said she was told the person that decides the labor cost on a permit is the
City Marshall. She said she had a problem with the City Marshall accepting and soliciting
donations from Contractors for his Sailboat Team. Ms. Brown said she feels the labor cost is
affected by that and she asked that Council keep that under consideration. She said her husband’ s
parole officer had said that she had people convicted of DUI & Crime that had lesser fines and
probation time. She said the city needs leadership and control and she said it will scare the new
City Manager when she gets here.
Mayor Pro Tem Sessions asked Ms. Brown to put her concerns in writing and the Council would
discuss them at the retreat and respond in writing.
***
Tammy Smith representing the Marine Science Center invited the Citizens of Tybee and
challenged the Council to participate in the Turtle Trot. Also Tammy and Laura had met with the
DNR and on April 29th at 1:00 PM they will have a Loggerhead Turtle to release that has been
rehabilitated at Sea World Rehabilitation Center since being found in 2004. She asked everyone
to also participate in the 8th Annual Kayak Races on May 13th.
***
Mr. Anderson introduced the Employee Benefit Package along with Mr. Hardeman the
Insurance Broker for the City. Mr. Anderson said they had looked at many plans and had come up
with three choices that they believed would be better for the employees than the present insurance
and within the budget amount.
Ms. Williams said she was pleased that the City Employees at the lower in of the pay scale were
going to receive more benefits. She wanted to go on record as saying this should be bid out next
year per our policy. She asked that Benefit packets be put on the Action Items List for January
or February.
Mr. Hardeman said it has been a pleasure working with the Staff and the City. He feels that they
not only are able to help the city but also give better benefits for the employees because of being
able to lower the out of pocket expense. He explained that if this plan is approved the employee
would have 100% coverage after a $500 or $1,000 deductible. He said it would dramatically
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decrease the employees out of pocket expense for a Catastrophic Illness. He said they are also
able to add benefits that the employees do not currently have including a disability policy. Mr.
Hardeman said concerning the bids for next year. The earliest that a quote could be given would
be 60 days out from the early spring renewal date because Insurance Companies do not hold their
rates for over 60 days. If the city received rates in February they would expire before the renewal
unless the city shortened its plan year. Mr. Hardeman said it was bid out and he had sent the bid
to 30 different companies and had 10 declinations. He had received bids from Blue Cross Blue
Shield, United Healthcare, Principle and Coventry. Mayor Pro Tem Sessions asked why the
companies declined to quote. Mr. Hardeman said some companies will not write policies for
municipalities with a high number of police and fire personnel as compared to the whole
workforce. If it is 25% a lot of companies will decline to quote. He said also a loss ratio showing
the premium dollars paid into a system and the claim dollars paid out will keep some companies
from bidding. He said the city can’ t help being a municipality.
Mr. Crone motioned to approve the recommendation for the employee benefit package, Ms.
Williams seconded, and the vote was unanimous.
Ms. Williams said in regards to what Mr. Hardeman said concerning the Insurance Industry she
thinks Council should take a look at the policy that states anything over $10,000 has to go out to
bid and if there are any exceptions to that policy it needs to be clearly stated.
Mr. Hardeman said it satisfies the bid process when you have an independent broker send out bid
packets to all carriers because he essentially works for the City of Tybee. He said John Oxendine
the Insurance Commissioner for the State wanted everyone to be set up on the same playing field
but brokers do have an advantage at getting better quotes.
***
Mr. Anderson asked Council to consider asking the Engineering Firms that responded to the
RFP for Services to give a presentation at the next council meeting. He said the proposals are
not that far off from each other and he thinks Council hearing directly from the companies would
be best. Council Agreed.
***
Mr. Anderson told Council that it had been decided at the department head meeting that DPW
could do Park Maintenance in house. Council Agreed.
***
Mr. Anderson told Council the committee recommended Wade Electric to install the Generator
Feeders for $35, 330. Ms Williams said her preference would be to go with a larger more
established firm as one of the committee members recommended. She said in dealing with a 2
person firm there may be problems that can’ t be handled by them. She said we may not have
issues with the larger company in terms of response. Mayor Pro Tem Sessions asked if there was
a time estimate on the bid. Mr. Smith said it was estimated to take eight weeks. He said this is the
third year the city has tried to do this and Braddy Electric has not been out to look at the job. Mr.
Smith said he recommended Wade because of their proximity and because they had been looking
at the project and had done the old assessment for us. He said they are very familiar with the
project and he feels that Wade’ s response time would be shorter for any problems. Mr. Smith
said that Braddy was $6,000 higher on their bid and they had not come out or talked to him about
the project. Mr. Anderson said Braddy had done work at the Sewer Treatment Plant for Tybee.
Mr. Williams said he had found Braddy Electric to be very reliable but recommended Wade
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because he is located on the Island and feels that his response time would be faster. Mr. Smith
said there will be a preventive maintenance agreement bid out after the installation is complete.
Mr. Wolff asked if there would be any mystery associated with the project if another company
won the maintenance contract. Mr. Smith said no anyone with generator set experience can do it.
Mr. Crone motioned to approve Wade Electric, Mr. Pearce seconded, the vote was 4 to 2 in
favor with, Crone, Pearce, Wolff and Sessions voting in favor and Williams and Doyle
voting against.
***
Mr. Anderson said the committee had recommended GIRMA to provide Insurance Services for
the City. He said we are already with GIRMA and even though their bid was a little higher we
felt that their experience with Tybee carried some weight. He said we had been satisfied with
GIRMA but the City Policy is to put it out for Proposal. Mr. Anderson said in addition GIRMA
had reduced their rates on the proposal. Mr. Crone motioned to approve GIRMA, Ms.
Williams seconded, and the vote was unanimous.
***
Mr. Jason Nobles asked Council for approval for the Beach Music Festival special event. He
said all department heads had met and worked out the issues and concerns with city services and
their request. Mr. Wolff said this proposal was much better than in the past. He said there had
been some issues with the neighbors concerning noise and parking but this year it will end earlier
and the parking has been addressed. Mr. Wolff said his biggest concern is with it being held the
first weekend in August instead of the last weekend in August but the promoters want to
maximize its success and he doesn’ t blame them for that. He said on the parking map there is a
star showing additional parking but it doesn’ t identify that as the Legion and he is requesting that
it say the American Legion on the map because people may think it is behind the lighthouse. Mr.
Anderson said that had been brought up in the meeting and corrected.
Mayor Pro Tem Sessions said she understood that this year on Friday night it would be held at the
Gym and on Saturday at North Beach it would start at 2:00PM and end earlier at 9:00PM. She
said the response to the public input from the neighbors was good but she would like a front page
with sign offs from all department heads that are affected showing their approval for the event
and have the city manager sign it before it comes to council. Mr. Anderson said he has met with
Mr. Nobles and he agreed to make that a part of the package. Ms. Williams asked who approves
the cost incurred by the city regarding special events. Mr. Nobles said he has a cost
reimbursement schedule for all city services that is given to the event coordinator with the
application. Ms. Williams asked if someone would police the parking lot early the next morning
to clean up trash. Mr. Nobles said yes that was a part of their application and they had requested
the city come in and clean up trash and pick up the recycling bins. Ms. Williams said a complaint
in the past had been regarding cigarette butts and she was hoping there would be receptacles for
them. Mr. Nobles said he would get with public works and make sure that is taken care of.
Ms. Doyle thanked Mr. Devivo and everyone that had worked to address the neighbors concerns
with this event. Mayor Pro Tem Sessions agreed saying she has consistently voted against this
event because of the issues regarding the sound. She feels they have covered all the bases this
year and it will be a great opportunity to see how it does for the future events. Mr. Crone
motioned to approve, Mr. Wolff seconded, and the vote was unanimous.
***
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Mr. Nobles addressed the public concerns about the bathrooms at the beach. He said they are
on a seven day schedule to make sure the bathrooms are maintained. Mr. Nobles said on the
weekends the bathrooms are their primary focus and they make rounds to check for any problems.
He said that last year was the first year of taking over the bathroom maintenance from Public
Works. He said parking services personnel check for problems in the bathrooms as they are
making their rounds for parking. The problem comes as they get busier and it takes more time to
get to the other end of the island and the bathrooms are trashed by the time parking services
reports the problem. Mr. Nobles said his department will put more focus on maintaining the
bathrooms by cleaning them daily and sanitizing them once a week. Ms. Doyle asked if there was
a way to provide an attendant for the bathrooms. She said she feels with so many tourists during
the summer months council should consider it because with an influx of so many people they may
need cleaning every 10 minutes. Mr. Anderson said it is in the budget to hire a seasonal part time
person to help with the bathrooms and they will start that hiring procedure. He said he had met
with Mr. Nobles and his staff regarding the bathrooms and their response concerning the Women’
s Bathrooms was that they are both men and they have to lock the gate and women are banging
on the doors as soon as they start cleaning. They feel sorry for them and let them in and it
interrupts the process. Mr. Anderson said he has told them they are to lock the doors and finish
the cleaning process before letting anyone inside from now on. He apologized for the bad press
but he assured council that the problem is being addressed. Mayor Pro Tem Sessions said she
wants the city to be pro active on this issue and she agrees with Ms. Doyle about having an
attendant. She said maybe they could look into having a full time attendant for the summer in
next year’ s budget. Ms. Williams said she had called the woman that wrote the letter to the editor
and the woman had said her past experiences had been that the bathrooms had been clean. She
came with her company to Tybee on Saturday and took up for the city because of those past
experiences but when they came back on Sunday it looked as if the bathrooms had not been
cleaned at all. Ms. Williams said she believes it is important for a supervisor to spot check to
make sure the cleaning is being done properly. She said her other concern is the lack of soap or
any antibacterial solution for people to use to wash their hands. Mr. Nobles said when he was first
hired he asked about soap and paper towel dispensers for the bathrooms and he was told there
were not any because of vandalism. He said he was told mirrors were actually taken from the
bathrooms. He said they have to put in weekly work orders just to have the doors and tissue
holders repaired from vandalism. Ms. Williams said maybe a dispenser could be mounted outside
in public view and taken down at the end of the day. She said she feels they are being remiss in
not providing a way for the public to wash their hands. She said in a meeting on Tuesday night
regarding the Pandemic, the number one issue was you have to wash your hands.
Mayor Pro Tem Sessions asked that this be put on the Action Items List. She asked Mr.
Anderson to make sure we have the required items stocked heavily for the bathrooms. Mr.
Anderson said he would meet with Mr. Nobles and try to find some way of providing the items
needed that would not be as susceptible to vandals. Mr. Anderson said Mr. Nobles came in last
year and was gung ho on putting all new dispensers in the restrooms and they were destroyed in
just a few days by the public. He said the public has no respect for the restrooms. Mr. Crone said
the only way to keep the required items in the bathrooms and keep them clean is to have an
employee in there at all times with a uniform on. He said there needs to be a man in the men’ s
room and a woman in the women’ s room. He said no matter what you put up the public will tear
it down even if it is outside they will carry it off and take it home. He said the general public
sucks. Ms. Williams said as a tourist destination we need to have a different attitude.
***
Mayor Pro Tem Sessions opened the business meeting for Public Hearings. She asked for a
motion regarding the consent agenda consisting of, the council minutes from March 23, 2006,
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Approval of an Alcohol License (package only) for Tybee Bait & Tackle, Bank Merchants
Agreement with Chatham Bank, The Revised Travel Policy with $50.00 a day cap on food
and the Budget Adjustment of $35,000 for the Fire Department Paging System. Mr. Crone
motioned to approve all on the consent agenda as read, Mr. Wolff seconded, and the vote
was unanimous.
***
Ms. Tsoulos Chairman of Planning Commission presented the petition for a major subdivision
at 1112, 1116 & 1120 Hwy 80 into 5 lots, Elk Property Development is petitioner. She said
this is a preliminary plan approval and with 6 PC members voting it was unanimously
approved.
Ms. Rutherford said she listened to the Planning Commission meeting and thought there was no
request for a variance. Mr. Anderson said initially they were requesting a variance for their
driveway but they had changed the driveway on the plan and didn’ t need a variance. Mayor Pro
Tem Sessions said she knew the owners were working with the city trying to get the water &
sewer lines to this property. She asked Mr. Hughes what would happen if the property was sold
before having the lines installed and would the new owner take on the responsibility for
completing that. Mr. Hughes said yes if a water sewer agreement is reached and it should be
noted on the plat. Mr. Anderson said the plat would not be recorded until the water & sewer lines
are installed. Mr. Hughes said he wouldn’ t want to count on them to extend it. He wants a water
and sewer agreement now because he doesn’ t know if they will put the infrastructure in first or
bond it with a letter of credit and it will be easier to cover all that with an agreement.
Ms. Williams asked about the letter from the Corps of Engineers that was delivered right before
the meeting concerning the wetlands delineation. Mr. Hughes said he had quickly read the letter.
Mayor Pro Tem Sessions asked why they were just receiving the letter.
Mr. Keitzman said to answer the question about the people involved with the property first, Mr.
Keitzman and Mr. Calamari are partners in Elk Property Development and there is Amy Gaster
and Carrie Effird and the Gentleman named Bryan that owns the last property. He said they had a
meeting yesterday with Councilman Crone and Mr. Williams from the Water Sewer department
as well as Mark Boswell. Mr. Keitzman said concerning the money being paid, Mr. Boswell is
preparing invoices now so that the surveying and engineering will be paid long before anything
happens. He said initially they were going to do it in stages but they had someone come forward
with property that wanted to be included in the project. He said when the updated survey is done
to include those additional properties the engineering will be paid for at that time and no bond
will be required. Mr. Hughes said he was not at the Water Sewer committee meeting so all of this
is news to him and he needs an update on what was discussed. Mr. Wolff asked if Mr. Keitzman
and the other owners were going to contribute to the actual infrastructure. Mr. Anderson said
there is money in the budget for this project. Mr. Wolff said he understood that we had $80,000
and it would take $230,000 to take it across the road but that included the lift station. Mr.
Williams said the city does have money for the cost share program and they had determined that a
lift station would not be necessary which cut the cost significantly. Mr. Williams said the City is
looking at doing this project in phases instead of all at one time. Mr. Wolff asked if the cost
would be shared with the Developers. Mr. Williams said yes. Mr. Hughes said he wants an
agreement drawn up saying exactly what the developers will pay and what the city will pay. Mr.
Crone motioned to approve the preliminary plan for the major subdivision contingent on
the Water Sewer Cost Share Agreement being drawn up and signed by all parties; Mr.
Wolff seconded the motion but asked that the Tree Survey recommendations be included
with the contingency. Mr. Crone agreed. Mr. Pearce commended Mr. Keitzman for the tree
survey including having the mitigation noted on it. The vote was unanimous.
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Mr. Crone said the Committee had agreed to waive the $2,000 tap in fee for the people
contributing to the Engineering on this project. Mr. Hughes said he would work on the
Agreement and bring it back for Councils vote next meeting.
***
Mayor Pro Tem Sessions opened the meeting for a Special Review to expand the parking lot
for Mike Hosti at 1107, 1109 & 1111 Butler Ave (Tybee Market). She said they had received a
letter from the applicant asking them to table this petition until a later date. She asked if anyone
had anything to say about the petition. Ms. Tsoulos said she could give them the information from
the Planning Commission. Mr. Hughes said Ms. Tsoulos will have to give the information again
in June when this comes up again. Ms. Tsoulos said this expansion would take place in the R-2
Zoning district and that is the reason a Special Review is required. She said Planning Commission
had voted to deny the petition.
Mr. Jimmy Brown read the letter he submitted to Council, asking them to deny this petition. He
lives at 1101 Lovell Avenue. He feels it is further intrusion of commercial property into a
residential zone. He said poor planning was the reason for the inadequate parking that exists now.
He feels that the rights of the single family homeowner should prevail.
Gloria Leonard of 1103 Lovell Ave. also opposes the petition. She said the Market used to run
East & West and was a quaint little market that was there when she bought her house. It did not
have a dumpster in the right of way at that time it was contained in the lot. There were no trucks
or concrete back there. It was an unobtrusive little market. She said there is already too much
traffic on that street. She asked that Council uphold the decision of the Planning Commission.
Gerry Hollingsworth said she is mad and she feels like she is on Montgomery Street in Savannah
with all the car doors slamming and kids screaming. She said the trucks wake her up at 6:00 in the
morning so she has to go to sleep earlier at night. She doesn’ t want to sit on her porch and watch
people slamming doors and buying their groceries. She thanked the Planning Commission for
voting against the petition.
Camille Ward said she moved down to the 1200 block of Lovell Ave. in 1972 and things were
different then. There weren’ t but about 1500 full time residents on the island. She said it was
different when Judge Oliver would sit on his porch and watch the cars. She said the concrete at
the corner of 12th & Lovell has been broken up many times as the 18 wheelers try to get around
that corner. Ms. Ward said they have to continually pick up trash from their yard and would like
to see a wall go up the width of the building on Lovell. She said she would like to see the
deliveries handled in the front on Butler Avenue. She requested that Council deny the petition.
Rusty Waters owns a house at 1103 Butler and there is a vacant lot between his house and the
market. He said Mr. Hosti probably does need to expand the parking lot but as many times as he
has been to the Tybee Market, he has never once seen the third cash register occupied. He said he
had gone in there tonight and there were 5 people in each line and the third register was not
opened. He said if it were his business he would have a third cash register and be moving people
in and out of that parking lot. Mr. Waters said Mr. Hosti would be better served by hiring a 3rd
cashier and moving people out of the parking lot faster.
Mr. Jim Stone said he is representing Mr. Hosti and realizes there is a lot of passion about this
project. He said he wants what is right for Tybee. He is bringing in traffic flow experts and the
Department of Transportation to help. He asked for time to let the emotions settle and find the
best plan for Mr. Hosti and Tybee. He said everyone agrees they want a market on Tybee and he
needs time to do his job. He has respectfully requested to table the petition until June to find the
best way to address the growing needs of the Historical Market that has been a family owned
business on Tybee for many years.
Ms. Williams thanked Mr. Stone for coming to the meeting even though he had just flown in
from California. She asked Mr. Stone if he had information concerning the pallet of curb stops
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that had been delivered recently to the market. Mr. Stone said he had been out of town and had no
knowledge of the curb stops and it would not be within the realm of his association with Mr.
Hosti. Mayor Pro Tem Sessions said the Petition would be re advertised for a Public Hearing
in June.
***
Mayor Pro Tem Sessions said this hearing is concerning entering into an Intergovernmental
Lease Agreement with the Recreation Authority for the Campground. She said they would
not be voting on the agreement tonight but a public hearing is required three weeks prior to
entering into this agreement. We will vote on it in May. There has been a lot of inaccurate
information going around and Council wanted to give the correct information to the public. Ms.
Fox explained that this purchase was in keeping with the Master Plan for parks and trails and
additional lots with the nature trail will be acquired with purchase. Also there will be a new park
built on 19th street and donated to the city. She said this property sits between the Police, Public
Works and the Water Sewer Plant. It will be an ideal location if we should need to expand the
Water Sewer Plant in the future. If we maintain this property as a campground we will not be
increasing the demand on Tybee’ s infrastructure and the property can remain forested.
Campground management companies have been solicited and the Bid documents to retain
professional management will be prepared. The Mayor and Council have sought and received
Legal Council regarding this purchase. She said 88% of our tax dollars go to Chatham County
and only 12% stay here on Tybee. We are giving up very little in property tax dollars in this
acquisition. If the land had been developed the property tax on 31 $500,000 homes would have
been $25,000 per year. The potential tap in fees and aid to construction would have been
$127,000. From all the other development on Tybee the tax digest grew 20% in 2005 and we
expect an additional 15% growth in 2006. This was the only opportunity to purchase the
campground before it was developed. Each year the property values have increased and the new
construction has added to the tax digest. After the 2003 and 2004 enactment of the Tybee
Homestead the mill age rate was lowered again and even after that the net tax levy increase in
2005 was $265,000. While doing financial assumptions we used 122 spaces and 35% occupancy
with additional fees for hookups. The daily and weekly rates were pulled from the campground
website and the occupancy rate was analyzed.
The lease payments of $554,000 a year would be made to the Recreation Authority over 20 years.
The lease would be constructed so that an early payoff could be made if funds become available.
The lease payments are equal to 1 ½ mils. As the bonds will be backed by the full faith and credit
of the City of Tybee in a worse case scenario the City would have to raise the mil age rate slightly
to make payment. Ms. Fox showed a slide with the 1 mil effect on property owners with $200,000
value or over noting that after federal taxes the amount would be reduced even further. The
campground enhances compliance with the guidelines that mandate public assess to the beach
that must be met in order to be eligible for Beach Renourishment and saves a family friendly
vacation destination as well. If the City was unable to afford or maintain the property or unwilling
to make the necessary sacrifices to pay the annual debt service, this is a tangible asset and can be
sold.
Mr. Wolff said he wanted to emphasize the fact that if we ever do have to upgrade the Water
Sewer Plant, this is the only adjacent property that could be added to it cost effectively. If we had
to do that after homes were built on that property and then condemn them based on the growth
needs of the island, it would be a devastating expense with no benefit to the people. Another
benefit assuming we keep it 20 years is, it will generate significant revenue for the city that we
can use for other projects. It is a long term investment and everyone on the island will benefit and
their kids will benefit from this purchase. He said it was a no-brainer for him.
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Mr. Pearce said that the Tourism Council has been discussing Eco-Tourism and the desirability of
increasing eco tourism. He said birders and other eco tourist spend millions each year. He said the
campground is adjacent to significant birding areas on the beach and right across the street there
are some city streets we are trying to set aside as nature preserves. He thinks this will enhance the
tourism dollar coming from birders. He said the revenue it will generate in terms of tourism
dollars once the birding habitat is in place will be significant.
Mayor Pro Tem Sessions thanked Jan and everyone for putting that presentation together and she
told the public that the Council is not perfect and doesn’ t have all the answers but the whole idea
of 7 acres belonging to the city was incredible. She doesn’ t think there are seven acres in little
pieces all over the island that the city owns. She said the Council will keep the public updated and
informed as they go forward with this process.
Mr. Henry Levy said this is an absolutely magnificent win win situation and he congratulates
each person that was involved with this process. He congratulated City Council for making this
purchase and moving so fast. He is sure it will be a wonderful success for Tybee. He thanked the
Council personally.
Mayor Pro Tem Sessions said that the whole Council was 100% behind the purchase.
Ms. Freida Rutherford said she has served on the Beach Task Force for the last five years but she
came as an individual and not representing the group. She said prior to being on the Task Force
she was on a beach committee at Savannah Beach and Racquet Club for 2 years with prior to that
with concerns for North Beach. The Beach Task Force meets monthly with representatives from
the Corps of Engineers, The Ga. Port Authority, Ga. Department of Natural Resources, Tybee
Mayor and Council Members and significant others as the topics change depending on what is
relevant. Our charge is to promote Beach Renourishment, Preservation and maintenance, the
prevention of shoreline erosion and to serve as a consulting committee on shoreline issues and
lobbying for beach projects. If the section west of the North Federal Groin near the lighthouse is
to ever be included in federal beach renourishment projects it must have public access and
parking. The task force regularly does battle with the Corps of Engineers because they regard the
North Beach as mostly private without public access and parking thus there is no federal interest
in it. She said their defense has been to point at the campground and the beach access on Polk
Street with limited parking. Ms. Rutherford handed Council a copy of a memo that Lou Off had
written to the City in 2002 recommending that the city purchase property at the corner of Bay and
Polk Streets to insure parking for beach access. Hopefully Public Works and the Campground can
be reconfigured to include beach access parking. She said the purchase of the campground by a
developer would only have strengthened the Corps argument that North Beach is mostly private.
She said this is a very serious issue but they are sure thanks to the actions of council that they will
get North Beach included. She said insuring access to the beach is just one of the many good
reasons for this purchase.
Mr. John Major said he and his wife are property owners and residents of Tybee Island. He said
last fall the registered voters went to the polls and elected this Mayor and this Council. During
that election process there were a lot of things that were said and I took a look back at some of
them. He said Ms. Doyle had said the city needed to purchase property to insure adequate green
space and she also said we need to put aside personal agendas and work together for the
betterment of our island community. Mr. Pearce said we can’ t by ourselves support the beach
renourishment without funds from the county, state and federal government and this supports that
activity. Ms. Sessions said the Master Plan has been ignored too long and we are seeing the
consequences and paying the price of expansion without adhering to it or revising it as
appropriate. Ms. Williams said the preservation of green space aids in the reduction of drainage
problems associated with development. The preservation of green space will preserve aesthetic
features of the landscape and provide the free flow of air and light. Mr. Wolff said Eco-Tourism
is our best bet for economic growth and we definitely have to manage the growth and protect the
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green space that we have left. Mr. Crone promised that he would improve our quality of life
through infrastructure improvements and environmental projects. Mr. Smith said we could insure
adequate green space by following the Master Plan. Mayor Buelterman said the more green space
the better; if we have a funding source we can certainly acquire land as use for green space. Mr.
Major said he sees this purchase as Council moving to deliver what the said they would do. He
believes that Council is acting in the citizens’ best interest and he supports their decision.
Mr. Dave Postle said he and his wife Sandy have lived on the Island for 3 ½ of the happiest years
in his life. He hopes to live here another 30 years. He congratulated the Mayor and Council for
being able to come to grips on a very important issue and quickly doing some deep seated home
work and making a decision that will move this island forward. He agrees the campground
purchase is a win win proposition. He also supports Councilman Crone in saying sometimes the
public sucks because he said sometimes we do however on this one I don’ t think we are. He said
the campground supplies a means for people to come to the island that cannot pay the high room
rates. He said they have to make the island available for people less fortunate than themselves.
We need to thank God for the blessing we have and share our blessings with those that do not
have as much. He feels honored to support a group that shares that philosophy.
Ms. Sandy Postal said she agrees with almost everything that has been said. She said she supports
and commends the Council for being forward thinking and trying to keep this large amount of
green space available for tourist and campers along with Tybee residents so they can enjoy it for
years to come.
A resident of Dogwood Avenue said she supports council in this for the many reasons that have
already been stated but also because keeping it a campground preserves our natural environment.
It also increases Tybee attraction as an eco tourism destination that will increase business
revenues. It will also attract grant money. We need to preserve our natural and cultural assets on
the island and purchasing this and operating it as a campground is a step in the right direction. We
need to plan for our future and this is a good step.
Mr. Jim Kluttz said he has concerns about this purchase but said they finally have a city council
willing to take a risk on the future and do some long range things and he applauds Council for
that. He said he is looking at the impact of this not only on this council but on future councils
because we have a parking problem that we all recognize. We are looking at Tybrisa and the
Strand and a lot of other major money projects that this island needs. He asked if buying the
campground will effect what they do regarding the other needs on the island. He thinks that needs
to be a part of their discussion because as good as it is you can’ t look at it by itself you have to
look at the overall picture on what you can do. He said four years ago people thought they were
doing something good for the island and built a gym but he doesn’ t know if it is really being
utilized or has been as beneficial or worth the money that was put into it. He said he gets nervous
when people say we are going to operate this and it’ s going to pay half the debt service. We hope
it pays more than that but he thinks they need to know what it will cost the average tax payer.
Mr. Crone said Ms. Fox had done a very good job of explaining that earlier.
Ms. Williams said regarding Mr. Kluttz’ s concerns, they would be looking at a variety of funding
sources including grants that they will share with the public after they go through the details. She
said as far as the funding source through the Recreation Authority those funds would not be
available for a parking deck or to revitalize Tybrisa.
Mayor Pro Tem Sessions said that Jan Fox is available to answer questions like Mr. Kluttz’ s.
Mr. Bill Griner lives at 1 Fort Avenue which is directly across from the entrance to the
campground. He said he thinks it’ s wonderful that Tybee wants to keep something for the
underprivileged people that pull in with a $300,000 RV pulling a $45,000 SUV. He said he feels
sorry for those folks because they can’ t afford a hotel room. He said he thought Tybee had just
built a parking area for beach access on the corner of Fort and Van Horne. He asked Council to
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think about what they are doing, getting into the business of business. He asked if that was the
business of the city. He also asked if the expense of a management company had been figured in
the cost. He said regarding Mr. Wolff saying they could open the pool up for the public. He said
public pools have to be certified monthly and meet some standards and he said he guesses that the
people would park at the beach access parking lot. He asked Council to re consider what they
were doing because of the amount of money he was not sure if it was the right thing to do.
Mayor Pro Tem Sessions said regarding the pool being open to the public; that was Mr. Wolff’ s
personal opinion and not that of City Council.
Ms. Rachel Perkins said she knew the campground well because of being hired by Bobby Chu to
do an environmental survey of the property. She said she arrived on Tybee in 1988 and there was
an empty camp at the end of Lewis Avenue and they had the good fortune to fill it with children
as an environmental education program. She said the potential of the campground has not even
been realized and goes beyond what has been expressed here. There is a potential to serve a lot
more youth groups especially in the winter months. She thinks 80% occupancy is a closer
estimate. She said there are wonderful facilities for meetings and she hopes local people would be
considered to receive bid packets for management considering not only their management
potential but the programs they might start to optimize the use of the campground. She thanked
Council for purchasing the campground.
Mr. Wolff said along the lines of a management team he believes they should try to make a
contract that is profit motivated meaning the more someone makes out of the campground the
more they will make in bonus money. That would be an incentive to help the city make more
money from the property.
Ms. Sandy Major said she and her husband own 4 pieces of property on Tybee and are concerned
as tax payers but they feel that this acquisition was in the best interest of property owners on
Tybee. She said if Tybee has followed its Master Plan they would not be in a position of needing
to purchase green space. She quoted from the master plan the responsibilities of the Planning
Commission to study and update it and base their recommendations on it. Somewhere along the
line someone failed and that did not happen so she is proud of this Council for taking this action
now to preserve this green space and all that it stands for. We have a Council committed to
making this acquisition work to benefit everyone that lives on Tybee. She quoted Henry Ford
saying “If you think you can do a thing or if you think you can’ t you’ re right”. If we put a lot of
negative effort into this we can doom this project. However we have a choice and that is to work
proactively and synergistically with Council. I hope we can put our personal agenda’ s aside and
work together to make this a wonderful asset for Tybee Island.
Ms. Ann Miller asked Council about the lots the City is receiving on 19th Street as part of the
campground acquisition. She asked how many lots they got and what they were going to do with
them. Mr. Hughes said there is a lot on 19th Street with another parcel to be added. He said there
were also several on Chatham Avenue to be added that abut the Nature Trail. He said these were
actually donated lots as far as the overall transaction.
Mr. Pearce said they are getting some property to add to the Sally Pearce Nature Trail.
Mr. Wolff said regarding the property on 19th Street there are plans to put in a public restroom to
serve the Back River area.
***
Mayor Pro Tem Sessions closed the Public Hearings and said that the New City Manager, Diane
Schleicher will be here May 6th but will not start working until May 10th.
Mr. Hughes said there has been discussion of not having her start on the day before a Council
meeting. Mayor Pro Tem Sessions said Ms. Schleicher is tough and she will handle it.
***
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Ms Williams motioned to hire Vivian Woods as the Clerk of Council, Mr. Wolff seconded,
and the vote was unanimous. Mayor Pro Tem Sessions thanked Ms. Woods for helping while
they have been without a clerk.
***
Mr. Hughes introduced the Text Amendment regarding poling places. He said while the
renovations are going on at the Guard House the ordinance needed to be amended to include other
locations as poling places proposed as Section 225. It keeps the Community Center as a Poling
Place but allows another location be designated by the Election Superintendent or the Board of
Elections. Ms. Williams motioned to approve, Wolff seconded, and the vote was unanimous.
***
Mr. Hughes said Mr. Crone had asked him to prepare something that would allow the Aid to
Construction fees that are currently designated only to be used for wastewater treatment
improvements, be expanded so as to permit the use for extending the water system of the city
including improvements necessary in the Ft. Screven area. Section6-110 Section C. Mr.
Hughes read the ordinance. Mr. Wolff motioned to approve, Mr. Pearce seconded, and the
vote was unanimous.
***
Mr. Hughes said the next amendment to add section 2-6-10 to the code of ordinances was the
Ethics Advisory Board that they had discussed at the last two meeting. It has been put into the
appropriate form for adoption of an ordinance and will allow Council to go ahead and appoint
members of the Ethics Advisory Board. He said this was a good step toward the anticipated
overhaul of the existing ordinance.
Ms Doyle asked if Mr. Hughes had edited the paragraph he was concerned about at the previous
meeting. Mr. Hughes said it had been deleted but he anticipated that the Advisory Board being
charged with assisting in the preparation of the new ordinance as a long term goal will put that
paragraph back in at some point. He said when you get into legal issues it is the advisory opinions
and the delegations of authority that raise all the flags and disclosure issues too. He said it will all
be handled in the final product after you get the Board established and charge them with the
responsibility to do that. Which is preparing the overall ordinance and establishing qualifications
of members and what they are charged to do? He said when the Board is established there will be
changes that will have to be made to the ordinances including the City Attorney acting as the
Boards Legal Advisor. In the final ordinance you can’ t really do that because it would be an
inherent conflict for the City Lawyer to be representing the Board that may be making
recommendations on Council members that I represent. Ms. Williams motioned to approve for
2nd reading, Mr. Pearce seconded, and the vote was unanimous.
Ms. Williams said everyone on Council was asked to come up with a name of someone to serve
on the Ethics Advisory Board.
Ms Williams recommended Linda Gladdin
Mr. Pearce recommended Roma Harper
Mr. Crone recommended Lynn Hamilton
Mr. Wolff recommended Ann Miller
Ms. Doyle recommended Randi Bryan
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Mayor Pro Tem Sessions said she would give her recommendation at the next meeting along with
Mayor Buelterman. Mr. Wolff said it would be nice if they could find a lawyer to serve on the
committee.
Ms. Williams motioned to approve the committee members as recommended, Mr. Crone
seconded, and the vote was unanimous.
***
Mr. Wolff said he had a meeting with people from the DNR and the EPD about what is currently
allowed in the buffer. We have an ordinance that is cutting edge and allows no construction,
herbicides or landscaping in the 25 foot buffer that is delineated by the DNR. He said he had
spoken with Jeannie Butler and she thought she could get us some grant money to have Tybee set
up as a model ordinance to research exactly what should be allowable and what definitely
should not be allowed. He said this would work with people to give them options on what they
could. Mr. Pearce said the University Of Georgia Institute Of Ecology would be the appropriate
agency. Mr. Wolff said he did not know who she had contacted. Ms. Doyle said she doesn’ t have
a problem letting other people study and develop an ordinance but she wants to be sure it will
have to come to Council for a review and a vote
Mr. Wolff said they would make recommendations only and they could completely reject it if
they wanted to. He said by May 31st they will have a draft ordinance to review based upon
their input and he suggested they put it online on the City Website for public comment. They
would have a final proposal by July 15th and a draft guidance document by August 15th and a final
form by September 30th and they will print and deliver the guidance document by November 1st.
Mr. Wolff motioned to approve, Ms. Williams seconded. Mayor Pro Tem Sessions asked that
this be an action item to get Mr. Smith or Mr. Anderson to put this online. Mr. Crone said there
are a wide variety of people that Council has to please. Mr. Wolff said he understands that but his
personal concern is development not have a negative impact. And the vote was unanimous.
***
Mr. Hughes said he had added Mother’ s Day to the Private Parking regulations but after
talking with Mr. Anderson and Ms. Conaway, they preferred it the way it was initially and it does
give staff a good bit of discretion. He said the last paragraph was the hardest where it would leave
it up to Ms. Conaway as to whether it is time to open them up. He said there will be issues in
trying to administer this as to which properties will be appropriate. Mayor Pro Tem Sessions
asked who would make that call. Mr. Hughes said staff would. Mr. Crone said he believed they
needed three people involved and they were the City Manager, Zoning, Parking Services and the
Police Chief. Mr. Anderson said all business licenses have to be approved by Zoning. Ms. Doyle
said she feels they are opening a can of worms and thinks more thought needs to go into this
decision. Mr. Wolff asked if they could put that the City has the right to withdraw the permit if
there is a nuisance generated by this private parking lot and the business license fee refunded. He
said we don’ t need to negatively impact the neighborhoods but they do need to do something
about parking. Mr. Hughes said they could make it like a revocable license like crossovers and
such. Mr. Hughes said on the weekends they are talking about the residential neighborhoods are
heavily impacted anyway. Ms. Doyle said there are enough problems in the residential
neighborhoods and this will make it worse.
Mr. Bargeron said the biggest problem they have with this is the person that has a lot that would
fit 15 or more cars and what would happen when it was filled up and all of a sudden the City right
of way gets sold. He said that is what happened before they started selling the city right of way
and parking came and issued citations and a gentleman came up to us, Mr. Bargeron and 2
Policemen, and he said he had paid to park there. Mr. Bargeron asked who he paid and he pointed
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out the person he paid and Mr. Bargeron sited him too. He asked if Zoning would request a
survey or be required to show off street parking spaces. He said they had discussed none of those
things and even though he sees a need for parking he said someone will be left out and he feels its
being rushed into. Ms Williams said it seems that this was brought up a year ago. Mr. Hughes
said it was and he had written it then and it seemed that it had gone to the Planning Commission.
Mayor Pro Tem said it probably didn’ t get on the action item list. Ms Williams said she feels
Council is doing a disservice to people when they come and request something and Council
agrees to look into it and a year later it hasn’ t been decided. Mr. Wolff said when they come in
for a permit there needs to be specific guidelines for getting the permit and they agree to park
people only where it is shown on the plan. Mr. Bargeron said take 4th of July for instance and this
Island is very forgiving on that holiday allowing people to park all in the right of ways. There will
be someone that has a permit to park cars and he will be upset that cars are being allowed to park
outside of his lot. Mr. Barry Brown said he believes they would be allowing a commercial use in
a residential zone and setting precedence. Mr. Hughes said this brings to mind the Masters in
Augusta and everything becomes a parking lot for that week and if you can remember the Coastal
Empire Fair those surrounding property owners made good money that week. It is not meant to be
a permanent thing where someone would have weekend parking rental. It would be limited to the
specified days or when the Parking Director authorized it. He said Council should get information
from staff regarding what should be required. Mr. Anderson said they require surveys for
commercial parking lots now. Mr. Pearce requested that they postpone a decision and allow staff
to come back with recommendations. Mayor Pro Tem Sessions commented on Mr. Brown’ s
statement and said there were already commercial uses in all the residential areas that the Council
never stepped in and took action on. She said renting out homes and apartments is a commercial
use in residential areas. She said there are lots on Butler that could help alleviate some of the
parking pressure. She said to put it on the Action Item List. Ms. Williams asked Mr. Anderson
how long it would take for his staff to make an assessment and come back with a
recommendation. He said they could have it the next meeting
***
Mr. Pearce motioned to go into executive session to discuss Personnel, Litigation and Real
Estate, Mr. Wolff seconded, and the vote was unanimous.
***
Mr. Wolff motioned to go into regular session, Mr. Pearce seconded, and the vote was
unanimous.
***
Mr. Wolff motioned to Adjourn, Mr. Pearce seconded, and the vote was unanimous.
______________________________
Mayor Jason Buelterman
_______________________________
Clerk of Council Vivian O. Woods
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