HomeMy Public PortalAbout20061109_TybeeCouncilMinutes11/09/2006 City Council Minutes
Mayor Buelterman called the Consent Agenda Meeting to order on November 9, 2006 at 6:30PM.
Present in addition to the Mayor was Sessions, Williams, Wolff, Doyle, Crone and Pearce. Also
present was City Manager Diane Schleicher, City Attorney Bubba Hughes and Assistant City
Manager Dee Anderson.
Mr. Mark Smith Chairman of the Georgia International Maritime Trade Center on Hutcheson
Island gave a report concerning the agreement to renew the one cent Hotel Motel tax that goes
directly to the trade center for another 10 years. He said the Trade Center carries no debt, but
the money goes to fund the operation of the building. They have secured funding from SPLOST
and the Federal Government to start master planning and developing the 19 acres immediately to
the west of the trade center. He said they opened the Trade Center in 2000, and it has operated
for six years and now they are trying to expand the trade center. He said they plan to solicit
another major hotel to be built next door and that will help with hosting larger conventions. Mr.
Wolff asked if they ever anticipate operating at a profit or at least being self sustaining so that
Tybee could utilize the money for something else. Mr. Smith responded probably not. He said
over 95% of Convention Centers operate at a loss and are generally subsidized by Hotel Motel
Tax. Mr. Wolff asked Mr. Smith to quantify what Tybee is getting for their two hundred thousand
plus subsidy. Mr. Smith responded that they know when they have a major convention in town
and all of the downtown rooms are filled it has a compression effect that sends business
everywhere. He said the center has generated 400,000 room nights for Chatham County. Mr.
Crone said a 5 year agreement would be better for Tybee. Ms. Sessions asked if the money
couldn’t come to Tybee to support the Gym. Mr. Smith said the allocation is very specific and can
only go towards a convention facility. Mr. Hughes said the State Law doesn’t name that particular
center but it does require that there be a convention center in order to be able to fit into that
subparagraph of the Hotel Motel Tax. Mr. Hughes said the City could ask to have the Gym
declared a convention center and keep the penny but the safest way to do that would be to seek
to have the law amended to add another subsection to the Hotel Motel Tax. Mayor Buelterman
recommended that the council get more information and put it on the agenda for December.
Mayor Buelterman called the regular meeting of the City Council to order at 7:00PM on November
9, 2006. Those present at the consent agenda meeting were still in attendance.
Mr. Larry Nesbitt gave the Invocation and the Tybee Island Memorial Color Guard posted the
colors. Everyone recited the Pledge of Allegiance to the Flag. Page 1 of 11
Mr. James M. Carter, III Chairman, of the Color Guard presented Council with the new 2006
Veterans Annual which has the Color Guards picture in it. He thanked Mayor and Council and
Citizens for all their support.
Mayor Buelterman presented Outstanding Citizenship Certificates to Sue Off and Cappy Birdwell
for volunteering hours of their time to do minute research in order to get the information for the
clerk to verify the amended ordinances.
Diane Schleicher presented Appreciation Certificates to City Employees Claire Price, Stephanie
Hogan and Nalene Smith for their extra efforts and hard work in reorganizing the Campground
and Parking Services.
Mayor Buelterman presented the C Beta Technology Award for Sustainability. He said Paul Wolff
had attended the awards ceremony and accepted the award on the City’s behalf. Mr. Wolff said
this is a major distinction for the Island in being recognized by a group of scientists and
technology specialists. He said the dinner was attended by high level executives of major
corporations throughout the region and that we were recognized for our recycling, water
conservation and Green Building along with purchasing fuel efficient vehicles.
Mayor Buelterman announced that the Tybee Property Owners Association was hosting a meet
and greet to introduce the City Manager Diane Schleicher and her husband John to the
community. He said it will be on November 12, 2006 at the Old School Cafeteria from 3:00 to
5:00.
Ms. Katrina Murray presented the Tybee Tourism budget request for 2007. She gave a
presentation concerning destination marketing on behalf of Tybee Island. She gave a quick
review of comparisons of Hotel Motel Tax collections.
Ms. Sandy McCloud of the Tybee Beautification Association gave a presentation of
accomplishments made by the association for 2006. She also announced the Adopt A Highway on
November 18, 2006 at 10:00AM at the Tybee Sign.
Beth Hodges of the Tybee Neighbors Association gave an update and invited everyone to their
next meeting on December 7th at the Cafeteria.
Mr. Charlie Fenwick, Superintendent of Fort Pulaski gave a quick update. He said they had just
completed 4 RV Paths that have increased their volunteer hours to 400 due to the retired people
bringing their RVs and having a place to stay while they volunteer. He said they are now open
almost year round. He said they have cannon firings on Saturdays and they are keeping the fee
booth open due to a change in the law that says any park that brings in less than $500,000 gets
to keep 100% of the revenue for the park. He said they plan to use the money for
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much needed maintenance. He said if everything stays on track they may have the small park at
the Ocean Inlet Development on 80 open by April. He said they have set a tentative date of
March 18th for the Re- Lighting of the Cockspur Light.
Mayor Buelterman opened the Public Hearings and asked Ms. Tsoulos, Chairman of the Planning
Commission to present the petitions.
Ms. Tsoulos presented the petition for Mr. & Mrs. Ellzey for an after the fact variance for stairs
that were built in the set back and on the city right of way. At 1 Shipwatch Circle. She said the
Planning Commission recommended denial. Mr. Ellzey requested they be allowed to have a zero
lot line and he would reconfigure the stairs to fit within the 10 foot setback. Ms. Williams asked if
Mr. Ellzey was going to redesign the stairs so they would not be in the City right of way. Mr.
Crone asked if the paperwork was the same as what the planning commission reviewed. Mayor
Buelterman said their petition initially was to leave the stairs in the right of way. Ms. Sessions
asked why Mr. Ellzey built his stairs on the right of way. Mr. Ellzey explained that Mr. Anderson
was under the impression that a corner lot had 20 foot setbacks and that would have given
plenty of room for the stairs. Mr. Ellzey said if they would have had all the information the city
needed it would have been taken care of a long time ago. Mr. Wolff said that Mr. Ellzey is asking
for something other than his original request and council had agreed that if a petition changes
between planning commission and council meetings it should go back to the planning commission
for their review. He said the drawing they have does not show the steps out of the right of way.
Mr. Anderson said that Mr. Ellzey did not have a current survey of his property and zoning was
trying to work with him. He said the City had a current survey of the 50 foot right of way and it
looked as if he had plenty of room there. He said Mr. Ellzey took the plat map and measured off
his house and submitted that drawing and staff felt that he had the room. Mr. Anderson said a
neighbor told them the stairs were in the right of way. He explained to council that the paper
work is the same that planning commission reviewed but Mr. Ellzey is proposing something
different tonight. Mr. Levy told council allowing the stairs to stay in the right of way would set
precedence. Ms. Rose Kunavich spoke in favor of the petitioner. Mayor Buelterman read a letter
from the Ellzey’s neighbors saying they support approval of the petition. Ms. Doyle moved to
send this petition back to Planning Commission, Mr. Crone seconded and the vote
was unanimous.
Ms. Tsoulos presented the petition for Mr. Bernie Goode requesting a variance to be able to
install a box culvert in a drainage ditch at 503 Seventh Street in order to construct a drive for
access to his property. She said the planning commission recommended approval. Mr. Goode
said he is applying to fill a small amount of wetland in the city’s ditch in order to have access to a
proposed house site. He
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said he has looked at several options to get access to his property but all involved impacting
more wetlands so he is proposing the one with the least impact. He said he is not allowed to
apply to the DNR for the permit until he has approval from Tybee. Mr. Hughes explained that the
DNR Environmental Division had granted permission for Mr. Goode to build on the lot back in
2002. He said there have been modifications to the lot but they have recently reaffirmed his right
to do that. He said that was before Tybee had a buffer ordinance of any type. He said once he
gets Tybee’s permission to cross or fill the wetland he will have to apply to DNR Coastal
Resources Division for a permit. He said the EPD had put restrictions on the materials as far as
the house construction goes and he assumes they will monitor that. Mr. Pearce said he has
concerns regarding filling in the marsh and asked if Mr. Goode could build a bridge. Mr. Goode
said he would rather build a bridge but the ditch is so shallow and located 5 feet from the
Seventh Street pavement so there is no way to put in the support materials he would need to
build a bridge to support construction equipment without almost totally blocking the flow. Ms.
Williams asked about the letter from DNR that is dated May 20, 2002 from Mr. May. She said he
mentioned Mr. Goode would gain entrance from Fifth Avenue using a bridge. Mr. Goode said the
city quick claimed the Fifth Avenue right of way all the way from 6th Street down. He said the
area he proposed using is owned by a private individual that doesn’t want him coming through
his property. Mayor Buelterman asked Mr. Goode if he would be willing to sign a document
stating that he or any future owners would not hold the city accountable for flooding situations.
Mr. Goode said yes he would. Mr. Hughes explained that the document would be recorded with
the title so that any future purchaser would not be able to claim the city should have never
permitted it if tidal flooding damages occur. Mr. Goode said he is willing to sign such a document
because he doesn’t believe tidal flooding damages will occur. Mr. Hughes said there are
properties in the area that have gotten flood waters and have come back to the city complaining.
Mr. Hank Buckley an adjacent property owner spoke in favor of the petition. He said in the past
people have put a round piece of pipe in and filled around it and Mr. Goode is proposing putting
in a box culvert with a huge opening and only takes a minimal amount of fill at both ends. He
said that area that is flooding is the city’s fault because there was a gravel road in May of 1988
and the LARK program came in and dug out the gravel and dropped the level of that road a
substantial amount. Ms. Williams asked if Mr. Goode had a survey that showed that his property
has enough area above the mean tide level to build. Mr. Goode said yes the survey he submitted
with his variance application includes the area around his proposed house. Mr. Crone said we
can’t deny the man access to his property. Mr. Hughes said Mr. Goode is entitled to access his
property but Council has input on how he gets there. He said once the determination was made
that the lot is buildable, if our ditch is interfering with his access, then he is entitled to relief to
get to it. He said Tybee did not determine the lot was buildable but that determination was
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made before the Tybee regulation affecting it was in place. Mr. Hughes said we will be at risk if
we prohibited him from crossing our ditch to what has been determined to be buildable property.
Ms. Sessions asked why Council had heard Mr. Goode’s petition to build and denied it if that
determination had already been made. Mr. Hughes said there are two different divisions of the
DNR that get involved in something like this as well as the Corps of Engineers. He said in the
process of Mr. Goode going through his applications process in 2002 and forward and acquiring
additional access. He said that was evolving at the same time Tybee was going through working
on the Soil and Sedimentation Ordinance which allowed the city to become the permitting
authority for applications to construct in the buffer. He said both regulations read that only the
director of the Environmental Protection Division can grant variances under the soil and
sedimentation act. He said apparently when Mr. Goode applied for the house he and staff
members were under the impression he had to get relief under that ordinance. He said frankly he
feels it was a mistake because he already had approval from the EPD for the construction of the
house with their determination that no variance was required. Mr. Goode said in January when
he found out Tybee had a new ordinance controlling the buffer of marshes he came and met with
two city officials. He was given a copy of the ordinance and after he read through it he was
delighted to read except as otherwise determined by the director of the EPD because that is the
exact situation he has. He said he was told he had to get a variance anyway for the culvert. He
said after he was denied he went back to EPD because in 2002 they told him to come back when
he determined his access. He said they reconfirmed their position that he would not need a
variance under the soil and sedimentation control act. Mr. Hughes said he doesn’t know how
binding the responsibility waiver will be but they have used it on subdivisions to keep owners
with drainage problems from coming back to the city for relief when these people bought
knowing that the ocean can come that way. Mr. Goode said he doesn’t believe that his property
has any chance of flooding more than existing properties on Tybee do therefore he is willing to
sign the document. Mr. Buckley said about once a year DPW goes and cuts back the new growth
in that ditch because it was originally dug as a storm water ditch and it’s not a river. He said the
county also gets the equipment and digs the sediment out about every few years so he doesn’t
know why there would be concern over the marsh. Ms. Williams asked if Mr. Goode’s application
for construction, if he gets approval from the DNR, would include a check list to make sure there
is enough buildable land and it will not be subject to flooding on the spring tides and to make
sure everything is above the mean tide level. Ms. Schleicher said regarding the permit for the
culvert there will be a checklist of what they can do. Mr. Pearce made a conditional motion to
approve allowing him to cross over the marsh preferably with a bridge but if the DNR Engineer
reports to the Zoning Department that this is a better solution of least impact on the flow it
would be acceptable. He said in other words Mr. Goode would have to
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present documentation to the Zoning department showing that the DNR Engineer recommends
the culvert as the least impact to the flow with the second part being Mr. Goode signing the
document not holding the city responsible for any future flood damage. The motion was not
seconded. Mr. Crone made a motion to approve the variance request to permit a box culvert in
the ditch subject to approval by the Coastal Resources Division and subject to the property owner
executing an appropriate recordable document that would reflect the lack of responsibility on the
city with respect to erosion, drainage or tidal type issues. Ms. Doyle seconded the motion. The
vote was 2 in favor with Crone and Doyle voting for the motion and Sessions, Wolff, Williams and
Pearce voting against. Mr. Pearce moved to approve access preferable with a bridge but if the
DNR determines that the culvert is the best solution to keep the proper flow that would be
permitted and also to include the letter as previously outlined. Mr. Crone seconded. Mr. Pearce
amended his motion to say give approval for Mr. Goode to put something over the ditch
contingent on the DNR Engineer’s determination on what would be least intrusive on the flow
and on the Marshes. Mr. Crone seconded the amended motion. The vote was 4 in favor with
Pearce, Crone, Williams and Doyle voting in favor and 2, Sessions and Wolff voting against.
Ms. Tsoulos presented the petition for Mr. Jack Hogan for a variance of 5 feet into the rear and
side yard setbacks at 1605 Chatham Avenue. She said the Planning Commission recommended
denial. Mr. Harold Yellin representing Mr. Hogan told Council that he feels that Mr. Hogan did not
adequately explain to the Planning Commission why he is entitled to a variance. He said he
attended the Planning Commission Meeting representing someone other than Mr. Hogan and he
was surprised that his petition did not pass. He said the variance that was granted in 2004 was
actually a greater variance than this one. He said in 1978 a 10 lot subdivision was created with 8
of the 10 lots being sub standard including lot 7 which is Mr. Hogan’s lot. He said those 8 lots
are parallelograms instead of being standard square lots. He said a variance can be granted
based on a unique physical circumstance such as irregularity of lot size. He said there is a history
and pattern of variances that have been granted on this street because of the irregular lots. Mr.
Yellin said the concerns expressed by the neighboring property owner have been ironed out. He
said Mr. Hogan has agreed to move the HVAC units to another location so that they are not
located in the back setback. He said they have also agreed to bury the utilities and because
fences are not allowed when utilities are buried they will not have a fence on the back line. He
said they will landscape and keep it in a vegetative state. Ms. Williams asked when the
subdivision was created and who requested it. Mr. Jimmy Hogan said the property was divided in
1948 at his mother’s request as the executor of the Dyer Estate. Mr. Crone suggested moving the
house 5 feet forward in order to give the backside lot more room. Dr. Hogan said Ms. Sheffield’s
house is 5 feet
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off of the property line and if his is 5 feet also that would be 10 feet of space between the
houses. Mr. Crone said he understood that her house was on the front lot line. Dr. Hogan
explained that that was incorrect because her house is on the west property line facing the river
but 5 feet off of the property line facing his lot. Ms. Sessions asked if a house could be built
there without the 5 foot variance. Dr. Hogan said it would have to be a very small house because
the house he is proposing is only 1800 sq ft. Mr. Jerry Hogan said he owns the house on
Chatham Avenue next to Dr. Hogan’s lot. He said they are all family and Dr. Hogan should have
the right to build on his lot like the rest of the family has with five foot variances. Mr. Crone
moved to approve, Ms. Doyle seconded. Ms. Williams expressed her concern regarding the
density and this being contrary to the Master Plan. She said it is entirely too much building for
that piece of property. The vote tied with Crone, Doyle and Wolff voting in favor and Sessions,
Williams and Pearce voting against. Mayor Buelterman broke the tie voting in favor of approval.
Ms. Tsoulos presented the petition for a zoning variance request to raise the building to comply
with current FEMA code and to add wrap around porches at 9 Eighteenth Street for petitioner
Thomas Fall. She said the Planning Commission recommended approval. Mr. Wolff asked if the
proposed porches will come closer to the road. Mr. Fall answered no. Mr. Fall said their intention
is to restore the house to a single family beach house. He said the building was built in the
1930’s and was moved to its current location in the 1980’s. He said they discovered the house
was below elevation requirements, there was encroachment into the front yard setback and there
are a number of structural issues. He said raising the house will allow him to bring the structure
into FEMA requirements and address the structural issues and he thinks the porches will be more
in keeping with the 1930’s type of Tybee Beach Houses. He said they will add parking under the
building using brick paving to eliminate some of the existing concrete. Ms. Williams asked about
the proposed rotating of the structure. Mr. Fall explained that the house was slightly off when it
was placed on the lot so he proposed rotating the house and lining it up with the street so it will
be square on all sides. Mr. Cullen Chambers, acting as a Historical Preservation Advisor said this
is a Historic Structure and what Mr. Fall is planning to do is not only appropriate but necessary to
return it to its historic character and symmetry. He said it will greatly enhance the Streetscape as
well. Mr. Wolff moved to approve, Mr. Pearce seconded and the vote was unanimous.
Ms. Tsoulos presented the proposed Text Amendment to the Land Development Code, Ordinance
5-010(A) Permits required for construction-Requiring a valid survey for all building permits. She
said the Planning Commission recommended approval. Mayor Buelterman asked Ms. Tsoulos to
explain the Planning Commissions discussion regarding using the word valid instead of current.
Ms.
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Tsoulos explained that the person would not have to go and get another survey if they have a
valid survey and nothing has been done to the property. Mr. Anderson explained that in using
current it would have no specifics but using valid would mean no changes had been done to the
property. Mr. Hughes said he agrees that valid would be more appropriate to avoid issues about
what is current. Mr. Levy recommended that council also require a survey for variance
applications that is done by a licensed Land Surveyor. Mr. Wolff moved to approve for 1st
Reading, Ms. Doyle seconded and the vote was unanimous.
Ms. Schleicher introduced a text amendment to Ordinance 5-2-23 that deleted Customers
requiring additional containers will obtain them by individual agreements with the contractor. She
said the ordinance was inconsistent with how things were being done so the text change will
bring the ordinance into line with what the city is practicing. She said the city will charge for the
2nd and all additional rollout containers. She said she would like this included on the next billing
cycle. Mr. Hughes said only first reading can be approved tonight but 2nd reading can be
accomplished at one of the budget hearings as long as Council approves. Ms. Doyle asked about
the business owners having 3 or 4 rollout containers in front of their businesses. Ms. Schleicher
said they will have to pay the same rates for the secondary containers that the homeowners do.
Ms. Williams said most of the businesses that have secondary containers have them because
there is no room for a dumpster. She said there have been past discussions about finding a
location on the South end for a dumpster. She said she would like to know if that has been
researched because it is unsightly to have 6 or 8 trashcans sitting on the curb. Ms. Schleicher
said that is something they are looking at down the road.
Ms. Schleicher said the Tybee Arts Association has submitted a funding request for a refund of
regulatory fees. She asked if this is appropriate considering the city is requesting that groups
submit budgets anticipating what their needs are for the year. She said unfortunately this group
did not realize there was a requirement for a vendor fee on the pier so that was an unanticipated
amount. Ms. Sessions asked when that was changed. Mr. Wolff said two years ago. Ms.
Schleicher said the City did not require vendors’ licenses on the Pier in the past but that was
inappropriate considering the pier is in our jurisdiction. She said they require vendor licenses for
all other events on Tybee. Ms. Sessions asked if the group had actually paid the fees they were
asking refunds on. Ms. Schleicher said the organization spent $750 on vendors’ licenses. She said
they paid it because it was too late to ask the vendors. Ms. Sessions said she understood that the
organization charged the vendors a set fee like $1200 for the table and opportunity to be there
and they forgot about the $25.00 per vendor charge.
Ms. Schleicher presented the Engineering Proposal from Hussey, Gay, Bell &
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DeYoung for the Ft. Screven System. She said this is the formalizing of the agreement so the city
will know what the cost will be. She requested permission for the Mayor to sign the agreement.
Mayor Buelterman asked what the projected date was for that project. Ms. Schleicher said it
hasn’t been determined.
Mayor Buelterman opened the business meeting.
Ms. Williams moved to approve the text amendment to Ordinance 5-5-23 regarding roll out
containers, Mr. Wolff seconded and requested it be put on the November 27th budget hearing
agenda for 2nd reading. The vote was unanimous.
Mr. Pearce moved to approve the funding request for the Arts Association but the motion failed
for lack of a second. Mr. Crone moved to deny the funding request, Ms. Sessions seconded and
requested the city work with the Arts Association to plan a budget for next year so that this
doesn’t happen again. Mr. Crone said that the group did make money and just because they
didn’t make as much as they thought they should that doesn’t mean the city should pay
additional money to them. The vote was unanimous.
Mr. Wolff moved to approve the Hussey, Gay, Bell & De Young agreement for Ft. Screven, Mr.
Pearce seconded. Ms. Williams said this agreement contains contract administration and
construction observation, and going back to the Engineering on the Gym, she finds it incredible
that there are no outside faucets on that building. She said there have been major erosion
problems with the sidewalk on the Northwest corner that the city had to take care of. She said if
the city is paying someone to oversee these projects then they should be held accountable. She
said when she asked questions about that particular project they just passed the buck between
the Engineer and the Contractor with no one accepting responsibility. She asked Ms. Schleicher
and Mr. Hughes if this agreement would protect us from that. Ms. Schleicher said in the past
there was no agreement so this is the first step. Mr. Hughes said the Engineer did not specify
what faucets would be on the outside of the building and it should have been picked up in the
plans approval. He said it wouldn’t have been picked up on contract administration but the other
drainage issues might have been. He said on this agreement the specifications are such that we
theoretically should not have those kinds of problems. The vote was unanimous.
Mr. Wolff moved to approve the Minutes for October 12, 2006, Mr. Pearce seconded, and the
vote was unanimous.
Mr. Wolff moved to approve the Minutes for October 27, 2006, Mr. Pearce seconded, and the
vote was unanimous.
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Mr. Wolff requested out of state travel for he and Ms. Doyle to attend a Wind Power Symposium
in South Carolina. He said he had attended a conference on Skidaway Island and the experts
from the renewable energy laboratory and Georgia Tech and Southern Power that have been
working on the feasibility study have actually mapped the wind off of the Georgia Coast. He said
the map should be online next week. He said it is doable for Tybee and is a 100% renewable
resource for us. He said this conference is geared toward coastal wind power. He said there are
some legality problems with who owns the ocean bottom but that will be resolved and he wants
Council well informed when the permitting process starts. Mr. Crone said he believed council
could go on the Internet and get all the information needed regarding windpower. Mr. Wolff said
it isn’t the same as being able to ask questions to the knowledgeable people that know what they
are talking about. Ms. Williams asked if the previous conference that Mr. Wolff had attended had
addressed migrating birds. Mr. Wolff said yes and they had a study of a wind farm off of New
England and within 30 days of this going operational the birds had altered their migratory route
to avoid the field. He said what would be feasible for us would be 4 ½ megawatt wind turbines
that would be 300 feet tall that would be located more than five miles offshore. He said the
blades will be turning an average of 8 rpm so they are much slower than the turbine blades from
the 70’s that turned so fast the birds could not see them. Mr. Pearce moved to approve the out
of state travel request for whoever can go. Ms. Williams seconded as long as there is money in
the budget. Mr. Pearce agreed. The vote was 5 in favor with Williams, Pearce, Sessions, Wolff
and Doyle voting in favor and Mr. Crone opposed.
Mr. Pearce requested to travel out of state to the National League of Cities conference in Reno
Nevada. He said he confirmed with Ms. Fox that there was money in his travel budget for the
trip. Ms. Sessions moved to approve, Ms. Williams seconded and asked how often these
conferences are held. Mr. Pearce answered twice a year. Ms. Sessions asked that Mr. Pearce give
a report to Council when he returns. The vote was 5 to 1 with Sessions, Williams, Wolff, Doyle
and Pearce voting in favor and Crone opposed.
Mr. Hughes presented Council with an Ante Litem Notice from Mr. & Mrs. Renfro for a second
event. Mr. Wolff moved to reject the notice, Ms. Williams seconded, and the vote was
unanimous.
Mr. Hughes presented Council with an Ante Litem Notice from the Live Oak Group for property on
Gullick Street. Mr. Pearce moved to reject the notice, Mr. Wolff seconded, and the vote was
unanimous.
Mr. Hughes presented a lease for the Marine Science Center at North Beach. He said they need
the lease in place to do a feasibility study. Mr. Hughes asked
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about the ownership of the fence and said that Mr. Wilson with DPW had requested to take the
fence down in order to grade the parking lot for drainage and to get ready for the installation of
the Pay and Display Meters. Mr. Fleetwood said if the Marine Science Center wants the fence he
would be glad to donate it to them.
Mr. Wolff expressed concern over not being able to utilize that portion for parking until the
Science Center is completed.
Mr. Hughes said the lease would be a 1 year renewable term and does not have to be exclusive
to that certain plat of property.
Ms. Schleicher said they are surveying the lot now to figure out parking.
Mr. Crone asked how the city will miss money they haven’t ever received.
Mr. Wolff said he wanted to accommodate a more usable space and asked if we could use square
footage on the lease agreement.
Ms. Williams said there is already a plan in place.
Ms. Schleicher asked what the description would be.
Mr. Hughes suggested making the lease non exclusive so that the City could continue to utilize
the property. He said exhibit A would be marked on the survey. Ms. Johnson expressed concern
over City Personnel using their property.
Mr. Pearce moved to approve the contract with Mr. Hughes language and the fence being
removed, Ms. Williams seconded, and the vote was unanimous.
Mr. Hughes introduced the Ordinance regarding Municode and asked this to be considered its
introduction and adoption can take place after it is properly advertised for a Public Hearing.
Mr. Wolff moved to go into Executive Session to discuss Litigation and Acquiring Real Estate, Ms.
Williams seconded, and the vote was unanimous.
Mr. Wolff moved to return to Regular Session, Mr. Pearce seconded and the vote was unanimous.
Mr. Wolff moved to adjourn, Mr. Pearce seconded, and the vote was unanimous.
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