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HomeMy Public PortalAbout20060713_TybeeCouncilMinsCouncil Minutes Page 1 of 10 Meeting of 2006-07-13 City Council Minutes Mayor Buelterman called the Consent Agenda meeting to order at 6:30PM on July 13, 2006. Present in addition to the Mayor were Council members Sessions, Crone, Pearce, Williams, Wolff and Doyle. Also present was City Attorney Hughes and City Manager Schleicher. Mayor Buelterman listed the Consent Agenda items as: Alcohol Permit for 2 days Music Fest-Paul Devivo Approval of Council Minutes for 6-22-06 Waiver of Gym Fee for the Tybee Arts Association for the Sound of Music for 15 days Resolution-Memorial Park Grant for $100,000 with a 65% match. Resolution-Addendum to appraisals-Property Swap Lower Bay St. Mayor Buelterman closed the consent agenda meeting. Mayor Buelterman called the Regular Council Meeting to order at 7:00PM. Everyone present at consent agenda was still in attendance. Shirley Sessions gave the invocation and the Tybee Island Memorial Guard posted the colors. Everyone recited the Pledge of Allegiance. Mike Scarborough, owner of Lazaretto Creek Marina, spoke against the proposed Text Amendment to the Marina District on tonight’ s agenda. He said Lazaretto Creek is probably the last frontier on this Island not touched by development. He said the inhabitants of Lazaretto Creek are Fishermen and Shrimpers. He said Shrimpers are being forced out of business by imported shrimp, Government regulations and high fuel prices. He said, on top of that, they do not need to break their backs by putting a rent fee on them that a yacht would pay. He said the proposed fishing village will not be anything that a fisherman can afford. He said he would be leery of an elected official that passed a law and then started to compromise. Mr. Williams, director of DPW gave an update report on July 4th. He acknowledged the beach crew and trash truck crew who cleaned the island after the 4th of July activities. He said they did a phenomenal job out on the beach. He said, compared to last year, they picked up twice the trash (26 tons) in the same time frame and only worked a quarter more time. Lawanna Tsoulos thanked all the sponsors who contributed to the Jason Ball homecoming event. She thanked city officials and staff for their contributions to making the event successful. Lawanna Tsoulos, representing the Ecotourism Committee, showed council a subdivision plat with the Sally Pearce nature Trail going through the middle of it. She said years ago when it was established, it was put on private property by mistake. She said there was a land swap with property owner Robert Groover to keep the nature trail there. She said the trail was not moved over far enough when the land swap took place. Mr. Groover asked to move the trail over far enough to allow it to go by, but not interfere with the units that are in place now. In addition, he proposed extending the trail along the marsh line to the unopened area of Third Avenue. He requested a 15 ft by 150 ft section of unopened Fifth Avenue be added to the last lot in his development to increase the buildable area in exchange for the extension of the trail. Mr. Hughes said he would like to meet with Mr. Groover and Mr. Anderson about this and report back to Council. Ms. Tsoulos said Mr. Groover is not able to get a certificate of occupancy on Council Minutes Page 2 of 10 the property because of the trail encroachment so he needs some relief in order to be able to sell this property. Sandy Major, representing the Tybee Neighbors Association, gave an update. She said they are planning a Town Hall meeting on August 3rd from 7 to 9 PM at City Hall. She said they will have a panel consisting of Mayor Jason Buelterman, State Representative Ron Stephens, County Commissioner Pat Ferrell, Senator Eric Johnson and also a representative from the Chatham County Board of Assessors. She said this panel will discuss how and why to appeal assessments on the Stephens Day Homestead Act, how new construction on Tybee impacts your property tax. And Ga. House Rule #62. This proposed legislation would cap property tax assessments at 3% per year. She said they will start posting the voting records of Council members and also campaign disclosures on their website to keep the public informed concerning campaign promises and the protection of Tybee’ s natural resources as well as protecting the quality of life. Mr. Bill Cannon of the Beautification Association announced the Tybee Prom fundraiser to be held on Saturday July 22, 2006 at the American Legion at 7:00PM. He said tickets are $20.00 each and are available from any association member. He said they are also selling Raffle tickets for $10.00 each for a chance at two round trip tickets anywhere Airtran flies in the Continental United States along with a Marriott Hotel stay. Julian Toporek addressed Council concerning the dust problem on Solomon Avenue. He said July 4th weekend was horrible with all the traffic especially after the fireworks. He asked for the status on resolving this problem. Ms. Schleicher said they had installed a stop sign on Sixth Street. She said they put extra dirt down that proved to increase the problem along with eliminating the ability to ride bikes on that street. Ms. Schleicher said she received information on a polymer pavement substance that was used out west, but she doesn’ t know if it has been used in this climate. She hasn’ t received any responses from local Engineers regarding this product. She said the owners also want a white road and this product would be mixed with the existing dirt. She said the pictures of the finished product were attractive but they haven’ t received enough information. She said she is not looking for the quick fix but a long term answer to this problem. She said the neighbors are also divided over whether to pave or not. Mr. Toporek said the Post Theater is supposed to have an entrance on Solomon Street so that will create more traffic. He said the city is going to have to do something. Ms. Schleicher said they are going to have to do a study on the best solution and what will please the majority of the owners. Ms. Schleicher said she would meet with Mr. Toporek. Mr. Matthews said Chatham County came out today and cleaned the ditch between 10th and 11th on Miller. He said that is also a rock gravel street and is always a mess. He said today when they cleaned it they came at high tide with the ditch digger and cleaned all the silt out and put it in dump trucks but now he cannot drive down the road without getting silt and mud all over his car. He said the city is going to have to come down and fix that. Mayor Buelterman said the city would contact the county and ask them to look into the repercussions of what they are doing. Mayor Buelterman opened the business meeting and called for a motion on the Millage Rate. Mr. Crone motioned to drop the millage rate to 3.8, Sessions seconded, Mr. Wolff agreed that there is a serious problem with the millage and we need to get people relief, but Council Minutes Page 3 of 10 the county is the bigger problem. He said almost everyone he talks with wants more greenspace, better parks and they want to revitalize the Beach Business district. He said they have ongoing things that are going to take money as well as the city expenses going up. He said they have to pay higher utilities along with increased insurance rates and higher salaries. He totally supports giving everyone tax relief, but everyone needs to understand that if we are going to progress and improve the island as we go we are going to have to get the money from somewhere. Ms. Williams asked if Mr. Crone’ s motion included the recommendation from staff that they restructure the Waste Management billing. Mayor Buelterman said they cannot make a decision on the Waste Management billing until they have the numbers to review. The vote was unanimous. Mr. Hughes said the petitioner for the Text Amendment to the Maritime District had requested to withdraw from tonight’ s agenda. He said it was advertised as a public hearing and anyone wishing to comment about it was welcome too, but the issue will not be resolved tonight. Mr. Anderson said the petitioner had requested the petition be continued until August. Mr. Hughes said it would have to be readvertised before another public hearing is held. Ms. Tsoulos presented the petition for variances of 6 inches in the side setback and 19 feet in the front setback for Dr. Gail Lamb at 9 Lovell Avenue. She said Dr. Lamb wants to move a portion of the old hospital at Ft. Screven to this property and add it to the existing house for a single family. She said the Planning Commission recommended denial for all the variances. Dr. Lamb requested that Council consider each variance separately, and she has withdrawn one request that was on the original petition and decreased one also. Dr. Lamb said she wanted to bring 43 feet of the hospital building to 9 Lovell Avenue and add it to the existing cottage as an addition in the rear. She said according to the code she could raise the cottage and add enough building to equal 2636 sq ft of heated living space with no variance. She said the old hospital building is 6 inches too wide for the lot. She said the hardship is her preference for old construction. She said her plan would give her 2595 sq ft of heated space. She also requested to square up the front of the cottage that is already non conforming (300 sq ft of it sits in the front setback). She said her request would add 116 sq ft to that and make it possible to park underneath. She said all the houses on this street are in the front setbacks. She submitted a letter from a structural Engineer stating the houses had enough integrity to withstand the moves. Mr. Wolff said he understood that she would need a variance to add anything to that house that increased the footprint. Mr. Hughes agreed saying she would need a variance to add anything to a non conforming structure including adding another building to it. Dr. Lamb said that is not what Mr. Anderson told her. Ms. Williams requested the definition of hardship be read and said she thinks some people don’ t understand that it pertains to land. Dr. Lamb said she was shocked that she could not add anything to this building without a variance. Mr. Anderson said he understood that an addition could be added as long as it was conforming without continuing the non conforming structure. Mr. Keith Gay, Chris Solomon and Bill Matthews spoke in favor of the petitioner and her experience relocating historic structures. Mr. Crone motioned to send this back to Planning Commission and give Dr. Lamb the opportunity to tell them exactly what she wants so they can give a recommendation to council. Ms. Williams seconded. Mr. Wolff commended Dr. Lamb for the work she has done on the island but this is just too much house for that lot. The vote was unanimous Ms. Tsoulos presented the petition for Ron Jacobs requesting a variance to restore wetlands at 606 Miller Avenue. She said there was a fresh water wetland that was impacted during Council Minutes Page 4 of 10 construction and Mr. Jacobs was here to mitigate that. He said they were issued a permit to construct a single family dwelling on March 22 for Gilda Damott. He said the site plan showed the wetland but it is a manmade ditch dug by the city several years ago for mosquito drainage. He said they were issued a stop work order and told the permit was issued incorrectly. He said they contracted with EMC Engineers to mitigate the wetlands that were impacted and that would be accomplished by grading and planting with plants approved for wetlands area. He said they need approval from council to mitigate the wetlands and get back to work. Ms. Williams asked if part of the house was in the wetlands area. Mr. Jacobs said yes. He said they would recreate the wetlands at the rear of the property and call for an inspection before requesting a c/o. Mr. Crone motioned to approve, Ms. Doyle seconded. Mr. Pearce said it was nice to have someone come in to put something back rather than destroy it. Mr. Wolff asked if there would be a deed restriction. Mr. Hughes said they would have to have a recordable document restricting that portion of the newly created wetland. Mr. Crone and Ms. Doyle agreed to add that to the motion. The vote was unanimous. Ms. Tsoulos presented the petition for a sketch plan approval of a major subdivision and two variances at 707 Strand for Robert Chu. She said the two variances are for the Shore Protection line and the street design. She said the Planning Commission voted to approve all requested variances and the sketch plan. Mayor Buelterman asked how many lots would be located behind the jurisdiction line. Mr. Chu said there would be 4 lots. He said they reduced the street design variance from 20 ft to 10 ft. They will put lots 1 and 15 in a recorded conservation easement as non-buildable lots. He said they have secured a verbal agreement from Mr. Seiler that the house intact can be moved across his property. They have two locations being considered for the old house, and it will be refurbished to its original condition. Mr. Pearce asked about the shore protection variance. Mr. Chu said they want to build to the toe of the dune but they will not encroach into the dunes, but they will still have to go to the DNR for approval. Ms. Sessions asked how many homes Mr. Chu could build on this property without a variance. Mr. Chu said you could possibly get 9 lots if you didn’ t get the ocean front lots. Ms. Williams said the dune system is healthy right now, but all it will take is a major storm and you won’ t have that protection. She said also that the dunes will accrete in calm times and will move landward. She said that is why it is important not to allow people to build to the toe of the dune. Mr. Chu said he requested from DNR on another piece of property to put up a wall to hold back the dune and it has been successful. Mayor Buelterman read a letter from neighbor Emmit Daniel, Sr. supporting Mr. Chu’ s petition. Mr. Joe Edwards spoke in favor of Mr. Chu’ s Petition. Mr. David Postle spoke against the petition asking council to stand by their ordinances. He said hardships do not exist if they only cost the developer money. Mr. Levy said our dunes are our protection against a storm surge. He said if council allows this dune line to be moved then do it for everybody and give everybody equal treatment. Mr. Wolff said if the house is moved it will not change the shore protection line in terms of allowing more buildable lots than are presently there. Mr. Chu said the house on his lot is approximately 22 feet behind Dr. Edwards house as far as the dune is concerned. Ms. Rutherford said a recent issue that has surfaced at the Beach Task Force meetings is the sand that has moved landward on the Back River and the fact that it’ s taking over Bill Sprague’ s house. She asked council to consider what they will say to the owners if houses are allowed to be built on this dune line, and the sand starts taking over these houses and they come before council and ask that you do something about it. Ms. Williams requested that Mr. Chu consider changing the building lots to 9. Mr. Chu said if the variance is not granted the property probably Council Minutes Page 5 of 10 won’ t get purchased, but the owner will seek a solution because he pays taxes on all of this property. Ms. Kathy Bernard spoke in opposition to the petition. Mr. David Postle said if the council is faced with a vote and one or more members of council have a legal, marital or employment relationship with the petitioner then an ethical requirement would be for those members to recuse themselves from voting. Mr. Hughes said he was correct in part. If someone has a prohibitive financial interest in the person who is making the application then that person would not be allowed to vote. He said we do not have a direct employment relationship, but we have a situation that is removed from that. He said at that point it becomes a judgment call that the individual will have to make. Mr. Postle said he has been supportive to Mr. Crone on many occasions, but many people on the island were concerned about his employment by the Chu family. He said Mr. Chu continues to apply for variances and Mr. Crone almost inevitably votes yes. He said in fact one third of the council members in office have voted yes on every variance request submitted. Mr. Crone said he has been working in that store for 24 years and has been through three different owners. He said he would not vote differently for Mr. Chu than any other member of the audience. He said he votes his convictions and the way he feels and friendships don’ t have anything to do with the way he votes. Mr. Postle said he was just asking for clarification and not questioning Mr. Crone’ s character. He said Mr. Crone says exactly what he means and means exactly what he says. Mr. Dan Sheehan said he moved to Tybee 32 years ago. He said a man has a right to do with property what he can do with it, and growth is certain and essential to the island. He said the city will have good tax dollars coming out of this subdivision that will protect most of the people in this audience. Ms. Doyle said she is in the one third that votes for variances. She said she looks at every case that comes before council, and she does the best she can to make the right decision. She said she thinks people have property rights, and she looks at that as well. Mr. Chu said he is more of a businessman than a developer. Ms. Major said the development on South Campbell took out a beautiful Maritime Forest, and now there are three spec houses there and none of them have sold. She said the only good thing that came out of that devastation was the 60 ft road requirement with an 80 ft turnaround for a major subdivision. She reminded council that that requirement is not a part of these plans and it should be. Ms. Polly Stramm owner of a home between 7th Street and 7th Terrace spoke in favor of the petition saying it looked like a charming development. She said there are too many ugly Hotels and Condo’ s that spring up on this Island. Mr. Chu described his development as having a 27 ft wide paver street and the houses will have Old Savannah Grey Brick bottoms with Hardeplank on the top in seven historic color pastels and double rail porches and uniform metal roofs. It would also have a 4 ft. sidewalk on both sides. Mr. Tom Sullivan spoke in favor of the petition saying he believes Mr. Chu will do what’ s best for Tybee. Ms. Williams said when council asked questions regarding the petition it is not to question the character or history of the petitioner. She said they certainly want to protect property rights, but they also want to protect the rights of the citizens on this Island. She said by establishing the jurisdiction line they are trying to prevent problems in the future while protecting the environment. Mr. Wolff moved to deny, Ms. Williams seconded. Mayor Buelterman said he took umbrage to the criticism given concerning Tybee going downhill. He said Tybee is the greatest place in America, and anyone wanting to see irresponsible development should take a look at Panama City and Hilton Head or Daytona Beach. Mr. Wolff said council is under no obligation to grant any subdivision that involves variances, and he believes a realistic and Council Minutes Page 6 of 10 profitable subdivision can be done here with 8 lots and a 40 ft right of way. Mr. Crone recused himself and the vote was 4 in favor of denial and 1, Ms. Doyle opposed. Ms. Tsoulos presented the petition for a variance at 160 South Campbell. She said this is a single family non-conforming structure that would be demolished, and another home would be built in the footprint except the part that now encroaches into the buffer. The new construction would not encroach into the buffer. She said Planning Commission recommended approval. Mr. Mack Kitchens the petitioner said the two corners of the existing house are in the buffer. Ms. Sessions asked if the variance is granted if the corners would be removed from the buffer. Mr. Kitchens said yes. Ms. Williams requested that Mr. Kitchens be very careful with his silt fencing when the demo and rebuilding is done. Mr. Wolff requested that all drainage on the roof be directed away from the marsh. Mr. Kitchens agreed. Mr. Wolff moved to approved contingent on storm water being directed away from the marsh, Ms. Sessions seconded, and the vote was unanimous. Mayor Buelterman asked if anyone wanted to speak regarding the proposed Text Amendment to the Maritime district. Mr. Edwin Longwater spoke in opposition to the text amendment. He said many people came to this meeting tonight because they were interested, and it’ s unfortunate that the petitioners pulled it off the agenda. He said we need to preserve the Maritime District. Mr. Rusty Fleetwood said many years ago he did a multi-year research project all the way from Georgetown, SC to St. Augustine FLA on the traditional maritime usage area. He said in those days there were a lot of places like Lazaretto Creek, but now they are almost all gone. He said Lazaretto is irreplaceable, and the property owners have limited options to develop their property, so the city should work with them to make their ownership an economic success without allowing residential uses. Ms. Tsoulos presented a sketch plan approval with variances at 15 Silver Avenue. She said the project is for a six unit condominium building with a front setback variance, and also a driveway variance. She said the Planning Commission recommended denial. Mr. Mark Cadman, representing property owner Joe Jones, said the driveway variance is not for access only it would also allow a third parking space for each unit. He said the other variance was for porches for aesthetic reasons to make the property more pleasing. Ms. Williams asked what the hardship was that required the variances. Mr. Cadman said the variances are requested to maximize the off-street parking. He said even though they could fit seven units on this piece of property, he was only requesting six to maintain a cottage look for Tybee. Mr. Shroeder said he resides in the house immediately behind this project. He said Silver Ave. has no storm drains, so he requested if at some point this project gets approval that a retention wall be installed around the entire property to keep the water from flowing onto the surrounding property. He said his other concern will be where their air handler is located because his property is three feet off from the property line. He is concerned about them being located close to the ground within that area and creating a noise problem. Mr. Cadman said the air handlers would be somewhat elevated with some type of screening and they would make every effort to minimize the noise if possible. He said there is a possibility that they could locate them on the roof or sides, but they haven’ t gotten that far yet. He said it would depend on the travel distance required for maximum efficiency of the air handlers. Ms. Doyle asked about the Zoning requirements as far as how many driveways would be allowed for a 125 ft lot. Mr. Anderson said two and they have to be 50 ft apart, but he is asking for three. Mr. Cadman said they will be able to maintain the 50 ft between driveways requirement. Ms. Ann Miller spoke in Council Minutes Page 7 of 10 opposition to the petition saying it was too much cement to put over there and there is too much water after it rains. Ms. Williams moved to deny the petition, Mr. Pearce seconded, and the vote was unanimous. Mr. Wolff motioned to approve the Emergency Procurement and Hiring ordinance, Ms. Williams seconded and the vote was unanimous. Ms. Williams moved to approve the corrected ordinance for Water Sewer cutoffs for 2nd reading. Mr. Wolff seconded and the vote was unanimous. Mr. Pearce moved to approve the Text Amendment to the Private Parking ordinance 2nd reading, Mr. Wolff seconded, and the vote was unanimous. Ms. Schleicher said the city was unable to get a successful RFP out for Campground Management so we had to do whatever was necessary to manage the campground. She said we want to create new positions and get a budget adjustment to hire the positions that are necessary. She said the city will run this as an enterprise fund like water and sewer. She said the budget requested for 6 months will be $187,000 for creating the department and hiring 5 people to work at the campground. Mr. Pearce moved to approve, Mr. Wolff seconded. Mayor Buelterman explained that this is a long term process and, even though they agreed that they would increase the millage if necessary, the council just lowered it. He said fortunately they are able to roll back the millage, and still fund this item. Ms. Schleicher said their intention is to be conservative while providing services for the campers. Ms. Sessions thanked Ms. Fox for all the hard work she’ s done during this process. She also thanked Ms. Schleicher and Mr. Brown for their efforts as well. The vote was unanimous. Ms. Schleicher shared information on a raised speed table. She said, however, she doesn’ t believe this is right for North Campbell because on closer look, she discovered this type is supposed to be used for a crosswalk. She said that location is just too short a distance for a speed table. She requested permission for staff to look into a more appropriate prototype crosswalk for the lighthouse area. She said the Chief and Mr. Anderson said they have had success using flashing caution lights to slow traffic down, and she wants to look into those as well. She doesn’ t want people to feel as if they have to put up their own signs to slow traffic down. Ms. Schleicher said if the people would not put the signs on the trees and place them in their own front yards, they will not be in violation of the sign ordinance. She said staff only removed signs that were away from private property when they did the sign sweep. She said the flashing lights have worked on Jones so they are considering something similar. Ms. Williams said the traffic light on Jones is a safety issue at night when you’ re driving. She thinks it distracts drivers. Ms. Sessions suggested rumble strips to try and slow the traffic on North Campbell. Mr. Wolff said the neighbors might not appreciate the noise of the rumble strips. Mr. Wolff suggested a small portable sign like the one they have on 80. He said it could be solar powered and they can move it around the island so that people would think the city was conducting speed traps. Council requested that Ms. Schleicher look at the alternatives and bring the information back to council. Ms. Sessions asked if the crosswalks letter to DOT went out. Ms. Schleicher said she had sent the letter and an addendum to clarify some issues. She requested to be allowed to look into a prototype for the lighthouse area. Mr. Rusty Fleetwood said in Charlotte NC they had installed Council Minutes Page 8 of 10 speed humps to slow traffic down. He said it is gradual area so there is not as much of an impact as with speed bumps. Ms. Sessions moved to approve Ms. Schleicher looking into a prototype, Ms. Williams seconded and the vote was unanimous. Ms. Sessions said regarding the accident on the Tybee Road that the response time is longer because of the emergency people having to come from Chatham County. She asked if they could send a request asking for more coverage. She said she feels as if they have less coverage now that the departments have been consolidated. Mayor Buelterman called for a motion on the consent agenda. Ms. Williams moved to approve all items on the consent agenda, Mr. Wolff seconded, and the vote was unanimous. Mr. Pearce moved to authorize Mr. Hughes to begin negotiations on the request concerning the Sally Pearce Nature Trail made earlier by Mr. Groover and discuss it with the environmental committee and come back with more details. Mr. Wolff seconded. Ms. Williams asked if the department heads should sign off on this first before giving it to Mr. Hughes and paying legal fees. Mr. Pearce accepted the amendment to have department heads sign off first. Mr. Wolff seconded the amended motion. Mr. Hughes said he recommended to Mr. Groover that he should apply for a variance instead of the property swap because it takes so long and he doesn’ t believe he will get the appraisal to match the easement against the fee interest. Mr. Hughes said concerning the certificate of occupancy, there may be some way for Mr. Groover to get some relief at least on a temporary basis, but he will have to look in the Standard Building Code and will meet with Mr. Anderson concerning this. Mr. Wolff suggested that Mr. Groover deed the city the property from that easement West. He said because they are not buildable lots it would not hurt Mr. Groover and it might add value for the appraisal. Mr. Hughes said a worse case scenario would be the trail gets moved over how ever many feet it is off of his property. The vote was unanimous. Mayor Buelterman asked Council to write down their nomination for Planning Commission to replace Rachel Perkins. He also requested they sign their nominations. Mayor Buelterman announced the three candidates as, Charlie Brewer, Ron Gladin and Brian Renner. Mr. Hughes introduced an ordinance concerning conditional zoning that was recommended by Frank Jenkins. He said it would permit council to allow someone to change the zoning on a piece of property to complete a project, but it would be limited to that project with whatever conditions you would want to impose on it. Mr. Hughes said it is similar to Special Review. He said they don’ t want to be in a position to not be able to impose conditions. He said someone could get a rezoning and then drop the project and you could end up with something totally different then what was originally intended. Mr. Wolff moved to send this ordinance to Planning Commission for their review and recommendation, Mr. Pearce seconded and the vote was unanimous. Mayor Buelterman read the votes for Planning Commission as 4 votes for Brian Renner and 1 vote each for Charlie Brewer and Ron Gladin. Mr. Hughes requested the votes be read. Mr. Anderson said Mr. Crone voted for Brian Renner, Mallory Pearce voted for Brian Renner, Ms. Council Minutes Page 9 of 10 Sessions voted for Charlie Brewer, Ms. Doyle voted for Brian Renner, Ms. Williams voted for Ron Gladin and Mr. Wolff voted for Brian Renner. Ms. Williams said there was an advertised deadline concerning resumes and she thinks it is a disservice to the two people that submitted their resumes on time to accept one the day of the council meeting and have that person voted in to office. She thinks that is fundamentally wrong. Mr. Crone suggested that Ms. Williams could have brought that up before the vote and then the name could have been removed. Mr. Hughes said there will be a notice published in the newspaper that says the City is waiving the requirement for a performance audit on an annual basis of the use of the bond proceeds. He said there is a new law that says if you are not going to have a performance audit in connection with a bond, and then you have to go through the process of waiving that requirement and it requires that notice be published. He said there is no annual audit to do in respect to the bond proceeds that will be spent on the 20th of July. He said the whole financial aspect of the campground operation will be included in the annual city audit anyway. The notice will be in tomorrow’ s paper. Mr. Hughes said he had been contacted by American Tower. He said they have a tower over by the Police Station. He said they have been working with Mark Williams, and they want additional ground space. He said they have a lease with the city now, and they also have a revenue sharing provision saying if anyone else gets on that tower we get a percentage of the rent. Mr. Hughes said American Tower wants the additional ground space without paying more money. He recommended that Council allow him, Mark Williams and Jan Fox to meet about this. Ms. Schleicher said the Land Conservation Grant will go out in the mail tomorrow after an appraisal comes in. Ms. Schleicher gave an update on the signs that were removed by the zoning department. The signs were in the public right of way, and they weren’ t in front of houses. She said people with controversial or illegal signs located on private property were notified by mail ahead of time. She said the sweep of signs included signs in the right of way and the median that were not in front of private property. The department collected 98 signs. She said they need to work on the sign ordinance and she has ways to address the non-profits. Ms. Williams suggested that signs not be returned to repeat offenders. She asked if there was a fine associated with illegal signs. Ms. Schleicher said she would like to talk about that at the retreat on Saturday. Ms. Sessions thanked the committees that submitted minutes to council. Ms. Sessions moved to go into Executive Session to discuss Personnel, Litigation and Real Estate, Mr. Wolff seconded and the vote was unanimous. Mr. Pearce moved to come out of Executive Session and Adjourn, Mr. Crone seconded, and the vote was unanimous. Council Minutes Page 10 of 10 ________________________________ Mayor Jason Buelterman _______________________________ Vivian O. Woods Clerk of Council