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HomeMy Public PortalAbout20070111TybeeCouncilMins2007-1-11 City Council Minutes Mayor Buelterman called the Consent Agenda Meeting to order on January 11, 2007 at 6:30PM. Present in addition to the Mayor was Sessions, Williams, Wolff, Doyle, Crone and Pearce. Also present was City Manager, Diane Schleicher, and City Attorney, Bubba Hughes. Mayor Buelterman - Everyone should have Planning Commission ballots. One of the six is only a one year term. The person who finishes sixth will get the one year term. You will submit the ballots to Vivian Woods. When it comes up on the agenda, we will announce the appointments. Mr. Hughes – stated that the Mayor will have to announce who voted how. Mayor Buelterman identified the Consent Agenda items as; Minutes for November 9. 2006. 1-day alcohol permit for St. Michael’s 1-day alcohol permit for Stephen Palmer for the Tie the Knot on the Pier Change order #3 for The Guardhouse. Annual Service agreement for water storage (Tank Clarifier). Change order for the IAM Construction to extend the services for the other three houses. Confirmation of officers and Directors. Appointment of Mark Smith to the Beach Task Force. Approval for Mr. Hemphill to attend the school in West Virginia. Mr. Wolff requested a report for council upon his return with suggestions on how to improve the facility and marketing. Mayor Buelterman requested approval for a 1-day trip to Washington, DC. Approval for Mayor Buelterman and Ms. Sessions to attend the Hurricane Conference in New Orleans. Mayor Buelterman called the regular meeting of the City Council to order at 7:00PM on January 11, 2007. Those present at the consent agenda meeting were still in attendance. Representative from the All Saints Episcopal Church Gave the Invocation and The Tybee Island Memorial Color Guard posted the colors. Everyone recited the Pledge of Allegiance to the Flag. Mayor Buelterman announced the Tybee Historical Society is working to preserve the Mayor Photographs on the walls and will also be scanning them digitally. Mayor Buelterman said we have an unusual but a good thing to start the meeting tonight. For years the Federal Government in conjunction with the Ports Authority and others has been dredging the shipping channel, Deepening, widening and maintaining it so that the economy can thrive and flourish in this area and has been very successful. But the unintended consequences have been that the Tybee’s beach has been eroding more rapidly than it would normally and naturally erode. Several years ago, the City of Tybee worked out a deal where we would get a study done to prove what exactly the impact of the harbor action and channel action was. We are at the point where we can begin that study in earnest. Welcome to Colonel Mark Held from the Army Corp of Engineers. Colonel Held introduced his staff. Dan Parrot – Chief Architect - works in our civil works arena. Linda Morrison – Chief of Operations - responsible for maintaining our navigational waterways. Doris George – Executive Assistant Hampton Spradley – Project Manager for Tybee Island Monica Simon Dodd – Works with the same staff Billy Birdwell – Public Affairs Page 1 of 13 Col. Held said we will be initiating the Tybee Island Feasibility Cost Sharing Agreement. There are two ways to do projects. The most important thing we do as the federal engineer for Georgia is to serve the people. The feasibility study is to evaluate the channel impacts of the Federal Navigation Project and what those impacts are on the shoreline of Tybee Island. Approximately $411,000 for the inner phase will be used to estimate these impacts. It will take form of a cost sharing agreement which is a fifty-fifty cost sharing agreement with the city’s portion being paid for by the Georgia Ports Authority. This is truly a win-win situation for the Island of Tybee. The second phase will develop the alternatives for mitigation of the impacts which will be proposed and move forward to Congress as we look at a new project and authorization. The scope of work was prepared in accordance with the Tybee Beach Task Force and their consultants and the engineering research lab in Vicksburg which is a vital member of the Army Corp of Engineers. I can’t emphasize the importance of this study for implementation of the coastal zone management program for the State of Georgia. I am pleased to represent the Federal Government as the Federal Engineer and The commander of the Savannah District to sign this cost sharing agreement with the Mayor of the City of Tybee. Mayor Buelterman opened the meeting for business legally presented so Council could formally approve this deal and agreeing to work with the Corp. The GPA has promised to come up with roughly $200,000 which will be our costs. It is being covered by the Georgia Ports Authority. Paul Wolff moved to approve the agreement, Shirley Sessions seconded and the vote was unanimous. Mayor Buelterman and Col. Held signed the documents. Mayor Buelterman recognized people who were involved with the signing. He recognized the representative from Congressman Jack Kingston’s office. Mr. Kingston was instrumental in securing the federal portion of this funding. Thanks also to Walter Parker for securing funding from the federal government and the GPA. It was a long time coming. Funding was secured several years ago. Thanks to Lou Off – Chairman of the Beach Task Force, Hope Moore from the GPA. and all members past and present of the Beach Task Force. Thanks to everyone involved. Mayor Buelterman recognized Amy Hughes – VP of Government Affairs for Memorial Health. Amy Hughes stated in the last six years, they have significantly improved the EMS service to Tybee Island. Specifically through technology, training, access, response times, back-up coverage Tybee has received, and lots of extras not part of any contract. Rick Shores, Director of Operations for Transport One presented a slide presentation for Med Star. Mayor Buelterman – What prompted this was a lack of response for two recent incidences. Shirley Sessions – when Tybee has incidences do we connect with Chatham Co. to let them know we have concerns or issues. Mayor Buelterman wanted to get Tybee representation on the advisory group of Police and Fire personnel. Mayor Buelterman recognized Libby Bacon - ADHOC Skate Park Committee for recommendation for the Skate Park location. Libby Bacon - we met on December 28, 2006. Four of the six committee members were present at the meeting. Dick Smith, Steven Hines, Cindy Kinkle, Libby Bacon and Jason Buelterman. We unanimously agreed on the location of the skate park identifying the North Beach Parking lot site as the best site. Since the meeting, Eric Alstad and Alan Jones have been contacted and also agree on the location. It became apparent that only two viable locations were the Corner of Fort and Van Horne, next to the Police Station and the North Beach Parking Lot next to the North Page 2 of 13 Beach Grill. We discussed both locations but quickly realized that the site next to the Police Station had some drawbacks and the North Beach location did not have any that we could identify. The North Beach Parking Lot site would help meet the needs of the Grant of the new Marine Science Center which states that there must be some type of free public recreation next to it. It will also help fulfill the implementation of the HDR plan. For this plan to be fully implemented, the current Marine Science Center building on the south end must be torn down and free public recreation provided for the Skate Park as required by the Marine Science Center Grant, hopefully the New Marine Science Center will become a reality sooner rather than later. Also the Historic Society, Marine Science Center and the North Beach Grill have no objections to this location. We also looked at more specific criteria. 1. Ease of access for those without vehicles 2. Ease of access for those with vehicles 3. Sufficient parking for events 4. Existing paid parking in place 5. Close proximity to Tybee businesses that may benefit 6. Separation from residential areas 7. Room for future expansion 8. Proximity to other recreational amenities. 9. Cost of site prep 10. Not located in one of the Parks - Memorial or JC. The North Beach Parking Lot meets all of these criteria with the possible exception of future room for expansion. Bacon – It is not to scale. It is more than 7,000 SF that has been marked off. There is the ability for the skate park to go as far as the corner of the Shrine Club. There is enough room. Doyle – Has the Marine Science Center people been consulted? How will the Skate Park speed up the process for the Marine Science Center? Williams – It is not a grant for the Marine Science Center. It is a land and water conservation grant obtained years ago. It has no impact on whether or not the Marine Science Center can move but whether or not we can provide another recreational facility for the public is what will enable the city to be able to demolish that building in order to implement the HDR plan. Elizabeth Johnson – Acting President for the Marine Science Center. The Grant has nothing to do with the Marine Science Center. No rep from the Marine Science Center was approached by the Skate Park Committee. The land we have been talking about comes very close along the line with the Shrine Club. She has some issues with it but not totaling opposing the Skate Park. No buffer from the Skate Park and the Marine Science Center. Somewhat encroaching on the land we have been promised. Wolff – I have been out there and measured the property. There is some room for the buffer. Doyle – Issues need to be discussed and ironed out before decision can be made on the site. Sessions – Want to make sure the Marine Science Center gets what they have been promised. Wolff – Also agreed. Wants to be specific about transferring the land to the Marine Science Center and guaranteeing the amount of land. Crone – What was the square footage? Schleicher – 11,000 square feet. Doyle – Things being done in the past incorrectly. Wants to make sure it is done right. Williams – How many square feet? Schleicher– There is approx. 7,500 Sq Ft. Enough room for a Skate Park. We will have a survey in two weeks. Wants area defined. Williams – plenty of room for both. Doyle - thinks that we need to have survey in front of us before we vote on the site. Sessions – Is there room for future expansion. Page 3 of 13 Bacon – No room for expansion but far superior location for the Skate Park. Sandy Postle gave an update on Tybee Neighbors. Mr. Smith had complaints about the restrooms, basketball, volleyball, shuffleboard courts. Skate Park would require maintenance. Would like to see a feasibility study by the city to see if this is a good endeavor. Jackie Brown expressed views on the Tybee Island Police Department. Henry Levy - wanted to know about the Dune Protection Ordinance. Wouldn’t the Marine Science Center and the proposed Skate Park be in violation of the Dune Protection Ordinance? Schleicher - Survey will tell. All the jurisdiction lines will be put on the survey. Tybee and the DNR will indicate. Eric Alstad - Bad job of maintenance on Tybee. Low maintenance on Skate Park by comparison. Mr. Smith – Had information about maintenance on Skate Parks. There is more maintenance than you know. Pam O’Brien – has objection to the proposed Skate Park. Who will benefit, how and at what costs. Possible Memorial Park location for Skate Park. Bacon – Have discussed the noise. The noise goes down on a concrete Skate Park. Concrete is almost maintenance free even at the beach. Mayor opens Public Hearing for the Ordinance adopting the Recodification of the Official code of Tybee Island Mr. Brown Planning Commission recommends adopting Part 1 and 2 Part 1-Ordinance for adopting standards for making Zoning Decisions and Procedures for Conducting Public Hearings. Part 2 – Recodification of the Official Code of Tybee Island - Remainder of Land Development Code. Hughes – The entire Code of the City has been re-published and in order to make sure we don’t have any procedural flaws in the adoption of the re-published Code, we’re backing up and going through the zoning procedures law which theoretically requires that the Standards and Procedures be the subject of a separate public hearing before the remainder of the Land Development Code is adopted. This is the Code through the end of December, 2005. The balance of it will be in the form of a supplement which will be coming soon. This is all in connection with the ordinance which is adopting the entire Code. Suggests that we open and close the first hearing which is on the Standards and Procedures and then open and close the second. Mr. Wolff moved to approve adopting standards for making Zoning Decisions and Procedures for Conducting Public Hearings, Pearce Seconded and the vote was unanimous. Williams moved to approve the recodification of the Official Code of Tybee Island and the Remainder of the Land Development Code, Crone seconded and the vote was unanimous. Page 4 of 13 Mr. Brown introduced the Text Amendment to provide for the uses of structures for special events and conditions for such uses– Planning Commission approved 7-4, one abstained. Wants to review again because of reservations about stipulations that were added about hours of operation and parking. Doyle – She was at the meeting and understood if they had reservations about parking and hours of operations which are in the ordinance, it would be addressed when they came back for site plan approval. Hughes –Put suggestions of the Planning Commission about stipulations of hours of operation and parking was put on the agenda. Wolff – voted to send to us and they asked Mr. Hughes to draft something to incorporate stipulations. Also says that anytime occupancy is to exceed established limits they will have to get a special permit. Schleicher – Addressed Mr. Brown with questions about the why the Planning Commission was concerned because it didn’t deal with parking and hours of operation? Mr. Brown – That was brought up at the agenda meeting the other night by not addressing certain parking requirements or certain capacity of the building and times. Mr. Hughes said that he was going to address them. Schleicher – Mr. Hughes addressed them in the first paragraph. Mr. Yellin – Representing Chris Chandler. Maryanne Dudley also present. Mr. Chandler purchased this property because it was Zoned C-2. Went to Planning and Zoning for Site Plan Approval. Thought special events were permitted. Procedurally, the text amendment is before you tonight not the site plan approval. Planning and Zoning wants the Council to pass the Ordinance so they will know what to look at when they go back to the site plan. Two important features. 11 uses in the C2 that only require site plan. The only use that requires Site Plan and special review are lounges and package shops. We are being lumped together with them for special review. The factors that need to be considered at the special review are going to be parking plan, hours of operation, capacity of the structure, compliance with the noise ordinance and approval by the Department of Building and Safety. Ok with the ordinance and will comply with it. Bill Dowell – Asked Mr. Hughes how occupancy is to be determined? Hughes – More likely than not by the Fire Marshall restrictions. Dowell – Can it be added in there? Hughes – Yes it can. Mr. Dowell - How is off street parking to be determined? Will it be by square footage, by number of people? Will the event be held inside or outside; using deck or yard? Whether is there any requirement for handicap accessibility? Licenses for Alcohol use. Sanitation – bathrooms, Security. Will they be allowed to use amplified sound? Jim Alexander – Owns property adjacent to the property at 1202 E. Hwy 80. Offer easement to get to that property. Encourage Council to support small businesses on Tybee. Major concern is that there is some kind of resolution for parking. Mr. Yellin - Site plan will require a parking plan we intend to bring that to Planning and Zoning. Hughes – Wants Ordinance that covers the entire Zone with special review for different locations. Doyle – Parking plan – would look at each location on an individual basis. Wolff – Since this is an Ordinance rather than a specific situation suggests that we use the Fire Marshall’s rule of thumb of one person per 15 sq feet. Need one parking space for every four people of occupancy. If outside is to be used as well, we base it on the number of people in attendance which is 1 parking space per four individuals. Sessions - Would it be appropriate for us the limit how many people can be allowed on a deck? Hughes – Building codes. Licenses will be issued subject to inspection. Williams – Handicap accessibility? Hughes – Both state and Federal. It is a building code issue. Wolff – License for special event would the city be liable? Barry Brown – Call to DOT. Not suppose to use the parking lane on Hwy 80. Page 5 of 13 Gay – Tybee Economic Development Committee – Critical that we have special events code. Very important to the economy of Tybee. Risk of making events too specific so that you can’t operate under the code. Doyle – Parking and noise-all of this will be looked at under special review. Sessions – Facility has continued problems with parking issues or noise what is the process of dealing with that. Hughes – License could be in jeopardy with repeated ordinance violations. Doyle moved to approve, Wolff seconded for discussion. Williams – Could we add the Fire Marshall stipulations about capacity and parking and would it be appropriate to include prior to the second reading. Hughes – Will take everyone’s comments and it put back into ordinance form and has it on next agenda for potential 1st reading at that time. Would not to have another public hearing at that time. It’s already been introduced and can have 1st and 2nd reading at the next meeting. Mayor – withdraw motion. Come back with new revised one and have 1st and 2nd reading at that time. Doyle Moved to continue, Pearce seconded and the vote was unanimous. Mayor – Open Public hearing on Zoning Variance at #1 Shipwatch Circle. Mr. Ellzey – Has new plat requested by Planning and Zoning to present to Council. Copy of a petition from the members of Shipwatch Circle Association. Williams moved to approve Setback Variance Request, Wolff seconded and the vote was unanimous. Williams – We won’t have this issue in the future because of the new requirement for surveys and under the circumstances it’s only fair to grant this variance. Mayor Buelterman - Open to Public Hearing on Zoning Variance #24 Pulaski St. Mr. Brown – to subdivide a lot in R-1. #24 Pulaski St. Mark Skaggs – Owner of #24 Pulaski St. basically it will be creating two substandard lots. Sessions – Speaking of Hardships – what is the hardship besides money. Skaggs- Structure is already there and the setbacks were there already. Even if we split out lot is will still the larger lot in the area. Sessions – Concerned about asking Council to create two non-conforming structures or lots because of a hardship that is primarily to get some monetary relief. Skaggs – understands completely. Open to suggestions about what he can do. Doyle – Was it was an existing situation when you purchased it? You live in the house on the left. That section on the right hand side was there when you moved there. Sessions – Is that a For Sale Sign? Skaggs – Yes. Williams – Trying to seek some relief from taxes. Have you checked into whether or not you will lose you Stephens Day Homestead exemption if you sub-divide this? Skaggs – He is sure he will. The property will be re-assessed anyway. No win situation. Williams – If you have Stephen’s Day you are locked into a degree. Something you would like to investigate. Skagg – Amount of improvement on the property is going to justify whether or not they will re- assess my Stephens Day. It will be re-assessed. It’s a no win situation. Mayor Buelterman – Have you talked to the assessors? Skagg – Talked to people down there in an unofficial capacity. Mayor Buelterman – Just the improvement will be the only thing that would not qualify for the Stephen’s Day Homestead Exemption. Skagg – Pink house was a rotten shell. Only gave value to the land the other building. Mayor Buelterman – When you say that the people on Tybee are in a no-win situation is not true. When you live out here, you are in an unbelievable good situation. Taxes will not ever go up except for the 3% annual CPI that the schools do. Page 6 of 13 Skagg – Costs of insurance in through the roof. By relieving myself of one structure I am cutting my costs in half. Sessions – All about choices. You chose to build there. Mayor read letter from Barbara Miller owner of #6 and #8 Dogwood. She sympathizes with owners but have objections to property division. Jack Carter - #13 Dogwood – adjacent to the property. Concerns about the future of his property. Beth Hodges - #12 Dogwood- concerned about precedents that will be set. Sessions moved to deny, Williams seconded and the vote was 5 with Sessions, Williams, Wolff, Doyle and Pearce voting in favor of denial and one, Crone opposed. Mayor Open for Public Hearing -Variance at 1605 Chatham Avenue. Mr. Brown – Property is owned by Jack Hogan. Requesting 5 ft variances into Front and Side yard. Jack Hogan – Property directly behind the house has a structure built on the property line. All of the existing structures are 5 ft or less of the easement. Crone moved to approve, Doyle seconded, and the vote was 2 with Crone and Doyle voting in favor to 4 with Williams, Pearce, Wolff and Sessions opposed. Mayor - Open Public Hearing for Continuation from December Special Review for #10 Naylor Ave. Barry Brown – Mr. Kindred – owner. PC voted to approve. Misinformation given at that time. Doyle – looked at Minutes from November 18th, 2006 City Council Meeting. Need entire footage for the property. Harold - Cannot put in a single family home on that lot. Owner is willing to put in 1 town home instead of two. Sharon Logan – Live immediately to the left on Naylor. Opposed to the request to add units onto existing town homes due to density issues. Wolff– for Zone RT the minimum size of the lot for a town home would be 8,000. For a single family dwelling would be 12,000. Crone moved to approve building one town home, Doyle seconded. Williams said one town home would be preferable to two and need the total lot size of the entire lot with plans on what would be built. Needs to go back to the planning Commission. And the vote was 2 with Crone and Doyle voting in favor to 4 with Pearce, Sessions, Williams and Wolff – opposed. Williams moved to send back to the Planning Commission with the stipulation that the total drawings be updated and the entire property is included. Mr. Pearce seconded and the vote was 4 with Williams, Pearce, Sessions and Wolff voting in favor to 2 with Crone and Doyle opposed. Mayor -Open Public Hearing for variance on 204 Miller Ave. Mr. Brown said the request had been withdrawn by the petitioner. Mayor – questions about Action Item List Pearce – When do we do the Consent Form? Mayor Buelterman – When we open the meeting. Sessions – Are we getting information on the Cemetery? Hughes – You can set-up guidelines as to how you want to do cremations to put in the cemetery. No actual burials. Possible locations for Memorial Plaques and establish a Cemetery Committee Williams – Bernie was on the original Cemetery Committee. Wants to insure that Beautification is consulted about the monuments and plaques. Doyle – Nothing has been done to develop a check list about zoning permits. Page 7 of 13 Schleicher - The new person will be here in two weeks. Her name is Sharon Marshall. I would like her to take the check list. Doyle – Planning Commission adding 6 new members. Will plan on setting up a workshop in March. Wolff – RFP for the tennis courts Schleicher – Jason Nobles is getting the specs to Jan before she gets into the audit. Schleicher - Addressed the compactor location for the South Beach Project. We met with 3 potential contractors. Come up with a location for the enclosed compactor for the South Beach. She will be working with the new Economic Development Director Sharon Marshall and Mr. Hughes to present new ordinances to city council to get the garbage totes off the strand and off of Tybrisa. Businesses will have to put the garbage in the rear or use the compactor. Williams – Has the bid process begun for the employee benefit package? Schleicher – If there is a 10% increase or more, we will bid it out? Wolff – Fireworks will be moved to July 4th. It will cost about 50% more to do that. Schleicher - Will cost approximately $19,999 which is up $4,000. Mayor Buelterman – Fee Proposal for Tybrisa Streetscape Improvements. Schleicher – We have the contract from Hussey, Gay, Bell and De Young. There is T-Grant for that portion of the project. $80,000 but more review. More plans have to go up to GA DOT to get reviewed and oversight. Plan is to do all the planning in the spring and implement in the fall. Williams – Request if Diane or a staff member can attend the Economic Development Committee and we can advertise to put on the agenda. Schleicher – Plans to attend the meeting. Mayor Buelterman – Memorial Park Playground Landscape Plan Schleicher – Landscape around the new park. City Council has asked to see all the plans for approval. Use the Palms Up to purchase the trees and will have donations. Want to make sure the plan is acceptable to City Council. Wolff – Look to see the Zeros cape Park plan incorporated in the plan. Mayor Buelterman - Hands-on Savannah Project at Memorial Park on Saturday, January 20, 2007. Sessions – Hands-On Savannah Project at Memorial Park on Tybee at 9:00am to 12 PM on Saturday, January 20, 2007. We will try to enhance the little circle that is at the Pavilion. to make perennial garden with plants natural to this area. Jason will attend and do a presentation. Edna Jackson Mayor pro-temp from Savannah. Invite everyone to come out and attend. Mayor Buelterman – Memorial Park Plan Overall – Schleicher - came from the Tybee Beautification Association. They had a listing of cost estimates of plants and a layout of plants that they are proposing in different segments. Before we plant, they want City Council to be comfortable with what is being planted in Memorial Park. Trees Page 8 of 13 would qualify for Palms Up but we wouldn’t be using the money for landscaping material or anything else but trees and large bushes. Williams – It would establish a vegetative buffer along Jones Ave for privacy. Schleicher – Introduced Beverly Roberts as the new Administrative Assistant to the City Manager and the Clerk of Council. Mayor Buelterman – Open Meeting for Business Legally Presented Consent Agenda Items were; Confirmation of Officers and Directors Change Order Number 3 – Guard house Service Agreement for the Water Tank Permission for Woody Hemphill to attend school in West Virginia Change order for the IAM Construction to extend the service Approval of the Minutes for November 9, 2006. 1-day permit for St. Michaels Men Club for March 10, 2007 1-day permit for Stephen Palmer DBA Tie the Knot on Tybee at the Pier February 14, 2007. Mayor’s trip to Washington DC to lobby for money. Mayor’s trip to New Orleans to attend the Hurricane Conference Appointment of Mark Smith to the Beach Task Force. Crone moved to approve, Williams seconded and the vote was unanimous. Crone moved to approve Shirley Sessions trip to New Orleans to attend the Hurricane Conference, Williams seconded and the vote was unanimous. Mayor Buelterman – Skate Park location Crone moved to Continue. Wolff seconded. Williams – Will survey be back in two weeks? Schleicher – Should be back in about two weeks. Williams – Everybody on Council has expressed their support for The Marine Science Center and also the people from the Skate Park group have supported the Marine Science Center through donations and volunteer work. Would like the council to agree that the Skate Park Group can start their fundraising? Mayor Buelterman – already committed the money in the budget to build a Skate Park on Tybee. And the vote was unanimous. Mayor Buelterman – Planning Commission Appointments. Charles Powell received 6 votes Susan Hill received 6 votes John Major received 6 votes Demery Bishop received 4 votes Libby Bacon received 4 votes John Hildebrand received 3 votes Charles Brewer received 3 votes Henry Levy received 2 votes, Dick Smith received 2 votes Mayor Buelterman - broke the tie between John Hildebrand and Charles Brewer in favor of Charles Brewer for 6th place which would be a one year term. Page 9 of 13 Mayor Buelterman - read off how each individual council member voted. Wanda Doyle voted for Charles Brewer, Charles Powell, Dick Smith, Susan Hill, John Major and John Hildebrand. Eddie Crone voted for Charles Brewer, Charles Powell, Dick Smith, Susan Hill, John Major and John Hildebrand Paul Wolff voted for Charles Powell, Demery Bishop, Susan Hill, Henry Levy, John Major and Libby Bacon Mallory Pearce voted for Charles Powell, Demery Bishop, Susan Hill, Henry Levy John Major and Libby Bacon. Kathryn Williams voted for Charles Powell, Demery Bishop, Susan Hill, John Major, Libby Bacon, and John Hildebrand Shirley Sessions voted for Charles Brewer, Charles Powell, Demery Bishop, Susan Hill, John Major and Libby Bacon. Mayor Buelterman –Ms. Williams moved to approve the Beach Task Force Appointments, Crone seconded and the vote was unanimous. Mr. Crone moved to approve the New Alcoholic Beverage License with Sunday Sales and Entertainment for Surfside Restaurant Corp./Marlin Monroe’s Surfside Grill – 404 Butler Ave. Chief Price has Approved. Williams seconded and the vote was unanimous. Mayor Buelterman – Mayor’s Report – Joey Solomon came and asked for City Council to get another fire hydrant to service Spanish Hammock. He talked to Russ Abolt in order to work out details. City will share costs. Williams – If approved could we also run irrigation pipe under there so that we could irrigate the median with grey water. Mayor Buelterman – will be looked into. Mayor Buelterman – Concerning taxes on commercial small businesses. One thing we can do is lobby the state to put on the ballot for referendum. It would be Steven’s Day Homestead Exemption for only the Tybee portion of the property taxes for commercial use restaurants etc. We have to be specific. We can send this to the state for approval. It comes back for a referendum. Would not be that much. Have to get this to them before the end of January. Suggest a short meeting the last week of January to discuss these issues and any other. Pearce – Have a conservation easement and taxes are very low because of the overall property value, the property tax keeps going up. Sessions – People who own empty lots that are build able. Can they get tax relief? Mayor – Has to be very specific in order to take action on it. Schleicher – can buy future development rights. Can never make it into houses or anything else. Hughes –The problem is the way the state mandates that you value property for advalorem taxes. Affect the commercial and the vacant lots. Are valued at the highest and best use. That’s where tax relief should come from. Maybe something could be put on paper that tries to cover both those issues. Stephens Day in residential not commercial. Mayor Buelterman – would be realistic for us to do this year. Just for retail businesses. Doyle – Wanda won’t be here but wants to reschedule meeting. Mayor Buelterman – Will work on scheduling meeting so that everyone can be there. Wolff – Workshop for tax incentives – putting a vacant lot for conservations use for 10 years increments. It would encourage people to leave property idle. Next workshop to be held February 10th, 2007. Email Diane Schleicher with a list of who can attend. Page 10 of 13 Williams – explain how this will be advertised to the public. Woods – Advertised under public notices in the Savannah Morning News and posted in the lobby of City Hall and will be put on the website. Hughes – cannot attend. Trip to Atlanta – January 25. Only three tickets available from the Savannah Chamber of Commerce Shirley Sessions will attend. Diane Schleicher and Jason Buelterman Williams – Animal Control – We have scheduled a workshop at 7:00PM, February 15, 2007 to begin work on a draft of Tybee’s new Animal Control Ordinance. Increasing penalties for cruelty to animals and cleaning up stables. Need input from public. Mayor – Real Estate Transfer Fee Hughes – There is a Resolution in the Agenda Package with a rough draft of a proposed bill to request the local delegation to look at and perhaps pass. The intention here if so inclined to do so will authorize legislation on a local level. An Ordinance to be passed following public hearings to impose a fee on the transfers of real estate. I think the fee suggested would be a quarter of 1% to be set aside to accumulate funds for Green Space and Recreation. Wolff – Huge revenue stream. Only paid by people who are buying property with the premise that if they are buying property on Tybee and moving here that they would like to see Tybee stay the same. Last year the Council passed a resolution to ask our state delegation to sponsor this. It will take a constitutional amendment. Mr. Hughes has already drawn the resolution up. Would like this Council to pass this resolution as well so while in Atlanta he can present this as well as other proposals for tax relief. Will preserve the Green Space and enhance the recreation opportunities on Tybee. Mayor Buelterman – A quarter of 1%? Wolff - It is $250 per $100,000. Only paid by the buyer one time. Would go into a City Fund dedicated to the acquisition of Green Space and the improvement of recreation. Mayor Buelterman – Is Hilton Head’s tax one quarter of 1% also. Wolff – Had in place for 13 years. Last year Hilton Head made 6.3 Million from this tax. City now owns 25% of property on Hilton Head including beach front. Wolff moved to adopt resolution, Pearce, seconded and the vote was unanimous. Mayor Buelterman – 2nd reading Text Amendment to Section 2-4-13 regarding Leave for Holidays Schleicher - Presented alternative for the date to President’s Day or Birthday. Mr. Crone moved to approve, Williams seconded. Williams – I can’t see getting rid of President’s Day as a paid holiday. Important for us to honor MLK but not at the expense of President’s Day. If we want to do Labor Day or can people can take a vacation day for their birthday. It would be wrong to make a move to honor one person at the expense of two of our greatest presidents. Doyle –Wants to make sure what exactly she is voting on. Schleicher – The Tradition and the way the ordinance is written was for City Hall to be closed down on all the major holidays except for MLK Day. But employees could choose to decide to take MLK Day or if your birthday was at another time during the year, you could take your birthday off. They could have MLK off or take your birthday off but we did not shut down City Hall. That was in the First Reading in front of you. Employees were not happy about not being able to take their birthday off as a paid holiday. It was a Tybee tradition and they addressed their department heads. The department heads came up with an alternative and it was Presidents Day. It’s in February. That was the floating holiday time. That is the only alternative. Tonight, you can say MLK Day (which will be closed down at City Hall) or take your birthday as a vacation day. The second option will be President’s Day or your birthday as a floating holiday. Page 11 of 13 Pearce – Let them have off Presidents Day, MLK Day and their Birthday. Voting in favor Crone, Wolff, and Doyle. Opposed – Sessions, Pearce, Williams, and Mayor Buelterman voted in favor. Pearce moved to approve the Second reading Text Amendment to Section 5-010(A) requiring a current survey to obtain a building permit. Williams seconded and the vote was unanimous. Mayor Buelterman - 2nd Reading Nepotism Ordinance Pearce moved to approve, Williams seconded. Discussion Hughes – There has been a couple of changes. No relative of the City Manager may be employed with the City. If two employees marry and become related only one will be permitted to remain employed in the same department. They would be transferred as opposed to separated. Schleicher – So the immediate family you changed to employee? I think you had no immediate family member of the City Manager. Is that the change? Hughes – No relative of the City Manager and the relative is defined the same as immediate family. The point is that they couldn’t be employed in any department of the city if you are in that degree of a relationship. Wolff – Did you talk about the marriage thing? Hughes - Relationships include those arising from adoptions, persons who are married by common law marriage or who are living together without the benefit of matrimony. Wolff – If two employees marry or become related they transfer. One can’t stay in the same department. The vote was unanimous. Mayor Buelterman – what do we need to discuss in Executive Session Litigation, Personnel and Real Estate. Pearce motioned to go into Executive Session to discuss, Litigation, Personnel and Real Estate, Wolff seconded and the vote was unanimous. Mr. Crone moved to go into regular session, Ms. Sessions seconded and the vote was unanimous. Mr. Crone moved to adjourn, Mr. Wolff seconded and the vote was unanimous. _______________________________ Mayor Jason Buelterman _____________________________ Vivian Woods, Clerk of Council Page 12 of 13 Page 13 of 13