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HomeMy Public PortalAbout20060928_TybeeCouncilMinsCouncil Minutes Page 1 of 8 Meeting of 2006-09-28 City Council Minutes Mayor Buelterman called the Consent Agenda meeting to order at 6:30PM. Present in addition to Mayor Buelterman were Sessions, Doyle, Williams, Wolff, Crone and Pearce. Also present were City Manager Schleicher, Assistant City Manager Anderson and City Attorney Hughes. Mayor Buelterman listed the items to include on the Consent Agenda as: Special Event Application for Campground Celebration. Special Event Application for Tybee Marathon Feb 2-3, 2007 Allocation of additional funds $12,650 from Palms Up to Landscape budget for Parks. Council requested final landscape plans come back for their approval Classification and Compensation Study. Council agreed to concept approval for budget purposes but asked that this come back on October 26th for further discussion. Authorization for Mayor’ s signature once Merchant Services Agreement for Pay and Display Augmeter is reached. Tyler Technology Agreement for Training. Hussey, Gay, Bell and DeYoung as Consulting Engineers for the Tybrisa Street Project as per Staff recommendation. Special Permit for Coastal Pet Rescue Public Relations to photograph one dog at North Beach as long as it is a Generic Beach Photo with no Obvious Landmarks. Approval of Minutes for August 24, 2006 Approval of Charlie Brewer’ s appointment to the Ethics Advisory Board by the Planning Commission. American Tower Agreement-Consent for subtenant. Ms. Williams asked about the progression of having something named for Former Mayor Walter Parker. Mayor Buelterman said he sent a letter and talked with Mr. Lakakis at the last dinner meeting and received positive feedback. The Mayor said he would get on the Agenda for the next Commission meeting and make the formal request. He asked that all council members available attend. Ms. Doyle asked for a Highway 80 project update. Ms. Schleicher said she hasn’ t received the Bond Agreement and Unit Pricing from the Contractor as required to give the notice to proceed. She said she would call Mr. Williams. Ms. Schleicher gave an update on the Solomon Avenue problem. She said the city will make it one way on October 9th. She said it will run East to West. She said they have to have time to notify the residents on the Street of the upcoming change. She said she is planning to have a public meeting regarding paving the street because the residents seem split on that issue. Mr. Wolff recommended sending a survey to the residents for their opinions. Mr. Hughes said the city would be bound by the survey results. Ms. Schleicher told council that staff members are working on updating the Standard Operating Procedures and their job descriptions. She said this is just a part of being a professional organization. Mayor Buelterman closed the Consent Agenda Meeting. Mayor Buelterman called the regular meeting of City Council to order on September 28, 2006 at 7:05 PM. All Council and Staff Members present during Consent Agenda were still in attendance. Reverend Fretwell Crider of St. Michaels gave the invocation and the Tybee Island Memorial Color Guard presented the Colors. Everyone recited the Pledge of Allegiance. Ms. Schleicher announced that Parking Services had been closed for two weeks due to an investigation into missing funds. She said they are back in operation as of today. Mr. Hughes said there will be no comments given regarding personnel decisions at this meeting. He said it would be inappropriate at this time. Council Minutes Page 2 of 8 Ms. Tsoulos requested that three Planning Commission members be allowed to travel to North Carolina to attend a Lighting Seminar. She said they are hoping to have staff members and the City Manager attend as well. She requested travel and lodging expenses be paid by the city. Ms. Sessions asked if there was a travel budget in the Planning Commission line item. Mr. Anderson said yes. Judge Claire Cornell-Williams announced her candidacy for Recorder’ s Court Judge in Chatham County. Bill Cannon announced the Beach Sweep on September 30th and the Trash Bash and Low Country Boil on October 14th. He said there will be a shredder truck at Memorial Park on October 14th along with a lot of E Recycling opportunities that are not allowed at the Dump. Ms. Williams said everyone participating in the Beach Sweep receives a free T-Shirt and she thanked the businesses that sponsored those shirts. Tom Sullivan requested Council open the unopened right of ways at Telephone and Storer Streets that would give access to his 25 lot development. He said there are 25 platted lots there and he needs access to them. Mr. Wolff asked if he would be agreeable to the city opening a 20 foot right of way on each street. He also asked Mr. Hughes if this would be legal. Mr. Hughes responded that a 20 foot right of way would be legal but at the discretion of council. Ms. Sessions asked that Mr. Sullivan point out the area he is requesting being opened. Mr. Sullivan said Telephone is in the center and Storer runs all the way from Solomon to Bay St. Mayor Buelterman said they needed to look at the issues and get a recommendation from Staff. Mr. Pearce moved to table this until the entire development plan is submitted. Mr. Sullivan said he doesn’ t understand the holdup if the roads are platted and the property is purchased. Mr. Hughes said there has to be a plan for the specifications and cost of doing this. Mr. Sullivan said they will do whatever is needed to open the roads. He said the last time a request like this was made was in 1999 by Mr. Paderewski to open a platted Street on North Campbell. Mr. Anderson said Mr. Sullivan needs to present a plan to council showing drainage and trees. Mr. Crone said the city has to give him access to his property. Mr. Hughes agreed and said council needs to see a plan. Mr. Wolff asked Mr. Sullivan to have a plan drawn showing a 20 ft access in the roadway. Ms. Williams asked Mr. Sullivan to bring back an Engineered Plan. Tybee Fest Personnel announced the Pirates Festival on October 6-7. They presented hats and flags to council members and thanked them for allowing this event. John Major of the Tybee Neighbors gave an update saying they have created subcommittees to discuss the Master Plan and Islands Ecology. He said their intent is to support government and property rights. He announced that Dr. Peter Verity will speak at their next meeting on October 5th at City Hall. Ms. Doyle announced the Grand Re-Opening of the Campground on November 3rd from 6-8PM. She said we are planning to have Hayrides, Hotdogs and Smore’ s. She said this event will be to celebrate the campground purchase. Ms. Schleicher said the proposal to change the Garbage Cart Rates was discussed during the millage rate meetings. In order to be able to roll back the millage rate the city needed to stop subsidizing the cost of additional carts. She said the first cart for everyone would still be subsidized but the full price of $31.08 will be charged for additional carts. Mr. Wolff reminded everyone that recycling can substantially cut down on the amount of garbage going into a cart and may cut the need for additional carts. Ms. Doyle asked why Waste management doesn’ t pick up cardboard boxes. Mr. Wolff said they don’ t pick up corrugated cardboard but they do pick up thin cardboard as in a 12 pack box. Ms. Doyle asked if that could be changed to include corrugated. Ms. Schleicher said the city is under contract and during discussions they will explore the option of having corrugated cardboard picked up. Ms. Williams asked that this be an action item. Council Minutes Page 3 of 8 Ms. Schleicher presented the staff recommendation for the playground bid. She said the two compliant contractors are Gametime and Kids at Play. She said in looking at the Gametime bid they did not include an early childhood center, Signage or a tropical theme as requested in the bid documents. She said Staff’ s recommendation was for Kids at Play because they were the most responsive to everything requested in the bid. She said we should leave off the fence because we can do that in house at less expense. She said there was no solution to providing shade for the slides but that can be addressed later as well. She recommended that we leave off the community build because the expense is only an additional $20,000 to have the contractor install the playground and the city would have no liability for it. She said the total is $175,233 including the drinking fountain. She said $25,000 of the money will come from a State Grant with the additional money coming from 2004-2008 SPLOST. Mayor Buelterman said it will be located between the Library and Pavilion. Ms. Schleicher said it will be ADA compliant with a ramp and a border. Ms. Doyle said the Playground Committee worked very hard to accommodate an early childhood area as well as small children and older children. Ms. Schleicher said the bid doesn’ t include site preparation. Ms. Williams said she doesn’ t condone using Cypress Mulch. Ms. Schleicher said the city can choose the mulch we use. Mayor Buelterman thanked the Playground Committee. Ms. Schleicher told council that there will be surveillance cameras installed at the parking services booths. She said they will be relocated when the parking plan is put in place. Ms. Schleicher gave the staffs recommendation for the company to write the Master Plan as Integrated Science and Engineering. Mr. Anderson introduced Ed DiTommaso. Mr. DiTommaso outlined the process for the Master Plan. He said they will present an agenda and then do a community assessment. He said they have just submitted the city of Fairburn’ s Master Plan and they are working on Fayetteville’ s, Pt. Wentworth’ s along with Effingham County’ s. Ms. Session’ s asked how long they had been in business. Mr. DiTommaso said they have been in business since the 70’ s and concentrated on Wastewater and they are just starting to do the Master Plans. Mr. Wolff asked if all property owners would be contacted and given a survey. Mr. DiTommaso said they have different levels of participation. He said Courtney Power would develop a Project Team and they would develop a Stakeholders Committee for input. Council had a discussion regarding the action items list and asked Ms. Schleicher for responses to the following items. Tennis Courts, Ms. Schleicher said they will send out an RFP for the Tennis Court’ s. Zoning Checklist, Ms. Schleicher said the Zoning Staff is working on a checklist. Comparing Event Fee’ s, Ms. Schleicher said she will ask Mr. Nobles is this is complete. Municode, Mr. Hughes said the codification with Municode is almost complete. Mr. Wolff asked how soon this could be available on line. Mr. Hughes said we could put the draft online with the amendments since December 31, 2005 listed separately so that it would give complete information until the final codified copy is received. Mr. Wolff said we need to get this information on line ASAP. Council requested Bike Trails and Community Calendar be put on the Action items list also. Mr. Wolff asked for the Environmental Ecotourism Committee to be placed on the organizational chart. Mr. Wolff requested that the city find out who owns the property at the Flat Bridge so they could move forward with developing a site for putting in Kayaks. Ms. Sessions said she would like a quarterly report developed for all vendors doing work for the city. Ms. Williams said she will research the Animal Control Ordinance in order for it to address Animal Cruelty Cases. She asked that the city consider having a public workshop for input. Council Minutes Page 4 of 8 Mayor Buelterman opened the business meeting and called for a motion on the Consent Agenda Items. Mr. Pearce moved to approve the Consent Agenda Items as listed, Mr. Wolff seconded and the vote was unanimous. Mr. Pearce moved to approve the Planning Commission members traveling to North Carolina for a Lighting Conference, Mr. Wolff seconded and the vote was unanimous. Mr. Pearce moved to continue the request to open the right of ways on Telephone and Storer Streets contingent on approval of 20 foot access and drainage. Mr. Pearce said he had a problem with filling in a Willow Swamp. Mr. Wolff moved to approve allowing no more than 20 foot access on Telephone to Storer and 20 foot access on Storer to Estill-Must have Bridge over Wetlands and cause no more than minimal impact to additional wetlands and contingent on approved drainage. Ms. Sessions seconded and the vote was unanimous. Ms. Williams moved to approve charging $31.08 for all additional Garbage Carts, Mr. Crone seconded. Mr. Wolff said every business can recycle. The vote was unanimous. Mr. Wolff moved to approve the Staff Recommendation of Kids at Play for the Playground Equipment for Memorial Park to accept staffs recommendations for the contract changes regarding the community build and fence. Ms. Doyle seconded and the vote was unanimous. Mr. Crone moved to approve Staff’ s recommendation for Integrated Science & Engineering to develop the Master Plan, Ms. Doyle seconded. Ms. Schleicher said they only received one response to the bid but she made calls to other vendors about the request and was told they were all under contract up to the mandated due date for the Master Plan and that’ s why they didn’ t respond to our RFP. Mr. Anderson said he had checked all references on Integrated Science and all were positive. Ms. Sessions asked how many contractors were contacted and who they were. Mr. Anderson said they had contacted the RDC and found they are contracted with 13 Cities for Master Plans. He said he received the same response from the MPC and the 4 or 5 other companies they contacted. Mr. DiTommaso said they develop a website for information to be posted or they can make sure the material is posted to the city’ s website. He said the responses are digitally recorded for them. Ms. Schleicher said the city can send notification in with the water bills and also great resources are Channel 7 and the Marquee. Ms. Williams requested some kind of mechanism be put in place for follow up to insure public involvement. Mr. DiTommaso said normally the responses are anonymous. He said it would be up to the project team but it may be general demographics. Mr. Wolff said he would like to make sure the stakeholders respond to at least one issue. Ms. Williams said the EDC would like the chance to utilize the survey. Ms. Williams asked that staff and council have a chance to review the surveys before they are finalized. Ms. Sessions asked that they be informed about the steps involved in this process The vote was unanimous. Ms. Doyle moved to approve for second reading the amendment to Sections 4-4-6 & 4-4-7 of the Municipal Code to allow Horses or Ponies for special events sanctioned by council. Ms. Sessions seconded and the vote was unanimous. Council Minutes Page 5 of 8 Mayor Buelterman said there was a meeting held Tuesday regarding restrictions on short term rental use in neighborhoods. He said he has heard many complaints about rental properties and private residences having parties. He said part of it is enforcement but they may have to come up with something to regulate it. Ms. Doyle said the meeting lasted 2 ½ hours. She said there are a lot of concerns. She said they decided to hold a public meeting for everyone to voice their concerns. Mr. Julian Page said there are five families that showed up to address this because it is on the agenda. Mayor Buelterman explained the process for being put on the agenda. Mr. Page said he didn’ t understand that he couldn’ t speak when this item came up. After complaints that the families had waited 1 ½ hours to speak to council and present letters, Mayor Buelterman invited Mr. Page to speak. Mr. Julian page of 8 Bayview Lane apologized for not understanding the new agenda protocol and said he preferred speaking on the subject at hand and not ahead of time. He said he lives about 150 feet from Dr. Border’ s house. He said they have changed that house into a place where parties and weddings are held for 150 people and that is a commercial activity. He said you can only park 7 cars on the property and the rest are parked on the street and other people’ s property. He said they have bands playing until 10:00PM. He said this isn’ t fair to the neighbors or the wedding parties and this isn’ t a commercial area. He said they have had 8 weddings this summer at this house. He said he thinks when the police are called regarding 150 people in a residential neighborhood they should clear them out and send them home. Mr. Gay said he is a managing member of Tybee Vacation Rentals and they were present at the meeting and they recognize there are problems. He said their agency does not support this kind of activity. He said they hear neighbors concerns and their goal is to provide a place for families not parties. Mr. Chris McCoy said they shouldn’ t be allowed to bring a business into a residential area. He said there is another large wedding planned for this weekend and they need action now. He said they will call the police because it is a violation of what they moved here to live in which is a residential neighborhood. Mr. Pearce said this kind of activity is already contrary to our laws. Mr. Hughes said this problem has been going on for some time. He said it concerns short term rentals in residential zones. He said the complaints tonight seem to be about one location in a residential neighborhood being used for commercial activity and that could be covered under the amended casual and isolated activity ordinance. He said someone cannot purchase a house in a residential neighborhood to have weddings at week after week without that being a licensed operation. If this is being advertised for those uses we need to get evidence of that and notify the owners or whoever is doing the advertising that we consider that to be in violation of our ordinances. Ms. Sessions asked when the police are called if anyone else with the city is notified like Zoning or the City Manager. She said we need to get a record of all this. A concerned citizen asked council if they thought she would call the police and spoil it after this girl has planned a wedding for 150 people and it’ s her special day. Mr. Smith said he has one of those rental houses across from his and he has talked to council about this. He said this house may hold 16 people but if you call and ask how many they will tell you 22 to 25 people. He said he has called the Office Manager and tried to get the owner’ s phone number. He said there is a sign screwed into the side of the building that violates our sign ordinance. He wants something done about these Council Minutes Page 6 of 8 issues. Ms. McCoy said several years ago Dr. Borders came before council and requested using that house as a Bed and Breakfast and was denied. She asked why they are allowed to make it a wedding chapel now. Ms. Williams said the city needs to improve communication and make sure there is something in our policy that addresses repeat offenders in case of rouge rental agencies. Ms. Schleicher said they are scheduling a meeting with Chief Price, Major Case and Zoning to address ordinances and what can be changed to address this. She said this could be accomplished with an ordinance that prohibits keeping an unruly house. She said after so many police visits the property owner would be fined. Ms. Williams asked if it would be appropriate to send out certified letters advising them of the ordinance. Ms. Schleicher said the City Marshal can address this one property but this is a larger problem than just this property. Ms. Sessions asked if this person has a business license and pays hotel motel tax. Mr. Anderson said yes they do but they don’ t have a right to use the property for events. Ms. Sessions said we have to hold people accountable. Mr. Crone said the next time the Police are called the City Marshal needs to go with them. Ms. Schleicher said they would take the necessary steps to hold the property owners accountable. She said they would develop tips to help the property managers do it right and also find loopholes in the ordinances. Mr. Smith said there needs to be fines levied on the Management Companies by taking their business license away for the month of July. Ms. Doyle said we will have a town hall meeting with the public and property owners and the police department. Mr. Brown said we have a parking ordinance on the books and if they are parking all over why can’ t the Chief start towing cars. Mr. Hughes responded that the City cannot go on Private Property and Tow vehicles and the property has to be posted. Mayor Buelterman said the Beach Task Force is trying to get a response from the Army Corps of Engineers to find what is needed to get the groins removed. He said we need to spend the money to find out what is there and how to get it out. Mr. Crone asked if the Corps originally put the groins in. Mayor Buelterman answered yes and they should be the ones to take them out. Mr. Crone said he thought the Corps was taking them out and was asked to stop by someone representing the city. Mayor Buelterman said he had heard that also but no one knows who it was. He said he would like for council to motion to have an engineer look at it and figure out how to remove it and the cost involved. Ms. Schleicher asked if Eric Olsen was apprised of this situation. Mayor Buelterman said yes but he hasn’ t gone and taken a look at it. Mayor Buelterman said they have been waiting to receive the information from the Corps and when they received the information it was minimal. He thinks Eric Olsen should be involved. Mr. Pearce moved to act on the Mayors proposal to have an Engineer look at the groins and figure out how to remove them and the cost involved. Mayor Buelterman asked that staff get back to council at the next business meeting and give them a plan of action. Mr. Wolff seconded. He said he would like to see an RFP for Engineering Services if we could expedite it quickly. Ms. Schleicher said it would take longer to get the RFP than the next business meeting. Mr. Pearce amended his motion to be send out an RFP for Council Minutes Page 7 of 8 the Engineering and cost involved to remove the groins, Mr. Wolff seconded and the vote was unanimous. Ms Doyle introduced an ordinance amendment to require current survey’ s for any permits for renovations, alterations, additions, fences, steps or any accessory use outside the existing footprint. She said this request comes from her attendance at the Planning Commission Meeting where someone didn’ t have a survey and constructed steps in the right of way. Mr. Crone moved to approve sending this to Planning Commission for their recommendation. Mr. Hughes said it will have to be put in ordinance form and go through the Planning Commission. He said he would get it to Ms. Woods and Mr. Anderson. Ms. Sessions seconded. Ms. Williams asked them to define current. Mr. Hughes said current means representing what is currently on the lot without any improvements having been done. The vote was unanimous. Ms. Sessions introduced a letter to be sent to the Planning Commission any time a request is made by council to explain exactly what council is asking them for. She said this should eliminate any confusion over where the request is generated from. Mr. Anderson said he had designed a form also and between the two forms they should be able to get a complete usable form. He said he would get input from the Planning Commission on the form and compile their suggestions into a new form. Ms. Doyle said she remembered them wanting to have a workshop with Planning Commission members and that has not materialized. She said she would like to see that happen in the near future. Ms. Doyle said she would contact Ms. Tsoulos and e-mail everyone regarding a workshop. Mr. Crone proposed not introducing any additional amendments to the ordinances until the codification is complete. After some discussion it was decided if the draft could be placed on the website and the amendments put there as they are approved then there would be no need to postpone making amendments. Mr. Crone said he thought all the amendments might be the reason for the hold up on the codification. Mr. Hughes said it doesn’ t make any difference and we should be able to put the amendments online after their approval awaiting the Municode updates. Mr. Hughes said they had discussed two meetings ago the ordinance requiring a draft from the Ethics Advisory Board within nine months of their appointment. He said there were delays in making the appointments so they agreed to extend it through May 2007. Also the amendment to clarify that that body is in fact quasi legislative. He said as originally drafted they were not but they have taken on legislative responsibilities. He said this amendment would make the ordinance and their by laws consistent. Mr. Wolff moved to approve the amended ordinance, Ms. Sessions seconded, and the vote was unanimous. Ms. Sessions appointed Fretwell Crider to the Ethics Advisory Board, Mr. Wolff seconded, and the vote was unanimous. Mayor Buelterman said the extension of the Georgia Maritime Trade Agreement is on the agenda. He said essentially this gives them the revenue from our Hotel Motel taxes. He said they initially asked for a 10 year agreement and they said they would come out and make a presentation to council. He said since that time they have submitted a one year agreement with no presentation. He said he would like to hear from them on what that money does for us. Mr. Hughes said he prepared this document because he was asked to prepare it for a year. Mayor Buelterman requested council ask them to come to the second meeting in October to make the presentation. Ms. Sessions requested this be an action item. Mayor Buelterman said he will write a letter asking them to come. Mr. Pearce moved to approve for 2nd reading the addition of 8-5-111 and 8-2-010(b) to add Conditional Zoning to the Land Development Code, Mr. Wolff seconded. Mr. Hughes said this Council Minutes Page 8 of 8 permits council to rezone property if someone requested it and impose conditions on it so that the property would be limited by those conditions in the future. The vote was unanimous. Ms. Schleicher explained the proposed text amendment to the sign ordinance that is up for 2nd reading to deal with temporary signs. She said the Planning Commission Chairperson had contacted her and relayed that the PC approval hinged on the addition of having the permission of the property owners applied to all the sign amendments every time it says in front of private property. Mr. Wolff asked if they could be on City property if this limits everything to private property signs. Ms. Schleicher said this will address all the problems with the Blood Drive. Ms. Doyle asked for an explanation regarding banners. Ms. Schleicher said now if someone wants to hang a banner between the trees or on private property they have to have approval from city council. Ms. Schleicher said by having the two locations existing all they have to do is go to zoning and fill out a form at no cost. Mr. Pearce moved to approve the amendments with the addition of permission from property owners, Mr. Wolff seconded and the vote was unanimous. Ms. Sessions moved to go into Executive Session to discuss Personnel, Litigation and Real Estate, Mr. Pearce seconded and the vote was unanimous. Mr. Wolff moved to go into Open Session, Ms. Sessions seconded and the vote was unanimous. There was some discussion regarding Human Resources and the parking Services department. Mayor Buelterman had a discussion about the Bay Street Property with a family that had reserved it for the weekend. Mr. Wolff moved to adjourn, Ms. Doyle seconded and the vote was unanimous. ________________________________ Mayor Jason Buelterman _______________________________ Vivian O. Woods Clerk of Council