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HomeMy Public PortalAbout20070712CCMinutes2007-07-12 City Council Minutes Mayor Jason Buelterman called the Consent Agenda meeting to order at 6:30pm. Present in addition to the Mayor were City Council members, Sessions, Williams, Doyle, Wolff, Pearce and Crone. Also present were City Attorney Bubba Hughes and City Manager Diane Schleicher. Mayor Buelterman listed the Consent Agenda items as: Campground Host Deposits and Fees for Guard House and other City Facilities City Council Minutes for 6/28/07 Alcohol License with Entertainment for Tybee’s Terrapin Station, 1513 Butler Ave. for John Black City Manager Schleicher explained the recommended changes to Fees for the Guard House and other city facilities. She said staff recommended raising the Gym deposit to $500, the cafeteria deposit to $100 and the Guard House deposit to $500. She said there were also recommendations made concerning renting the Guard House. She said they recommended $25 an hour for a resident and $50 for a non-resident with a $300 daily rate. She said the Gym rate would be $100 an hour for a non-resident and $50 an hour for a resident. She said they also removed the option of renting out the entire Memorial Park or JC Park because she didn’t feel that was the intention of the city to have someone rent the whole park. She said they have additional Guard House policies to protect the building. She said they want to have all facilities close at 10:00pm like the parks. Ms. Williams asked for clarification that 501C3 Non-Profits could use the Guard House for their monthly meetings at no charge. Ms. Schleicher said they would add that to the policy. Ms. Williams asked about holding a credit card instead of a check for a deposit. Ms. Schleicher said we want to have the credit card information anyway because if there are damages that are more than the deposit we want to be able to recoup the money for documented damages. Ms. Williams asked what criteria would be used to establish community groups that are not registered with the state. Ms. Schleicher said she had a list that was used previously and she would share the list with Council to make sure it was complete. She said they would develop written policy to go along with the list and she would submit it to them at the next council meeting. She said the groups so far that want to move their meetings back to the Guard House are, the Senior Card Group, Tybee Beautification, The Garden Club and the Historical Society. Ms. Williams said if they have established criteria for community groups and if a new group forms it would guide staff on whether they qualify or not. Ms. Schleicher said perhaps they could petition the city to be added to the list. Mayor Buelterman closed the Consent Agenda meeting. *** Mayor Buelterman called the Regular City Council Meeting to order at 7:00pm. City Officials present at the Consent Agenda were still in attendance. The invocation was given by Fretwell Crider of St. Michael’s Catholic Church and the Tybee Island Memorial Color Guard posted the flag. Everyone recited the Pledge of Allegiance to the Flag. Page 1 of 18 Mayor Buelterman expressed condolences to the families of former City Council Member, Richard DeLoach and Angel Schroeder. Mayor Buelterman commended the Fire Department regarding two fires that were on Tybee last week. He said the first one on Saturday was at Lynn and Joel’s house that used to be the old post office. He said their response time was good and they worked very hard on a hot day to get that fire out. He said they were able to save the second structure that caught fire yesterday on McKenzie and they did a great job. Mayor Buelterman said he and Diane Schleicher had a conference call on Monday with Georgia Power to complain about their response time when there is a fire. He said the Fire on Jones a few months ago took about 45 minutes for Ga. Power to respond and the fire Saturday took over an hour. Ms. Schleicher said we are going to have a joint meeting with Ga. Power and the Police and Fire Chief’s of Tybee to discuss the situation to see if there are some things we can do operationally to make it better and shorten their response time. Ms. Sessions said regarding Joel and Lynn’s loss there will be a fund raiser on July 28th. Mr. Wolff said a bank account has been set up at First National on Tybee and Lynn is trying to find someone with a Mac computer with Photo Shop that she can borrow to get the Tybee News out. Mayor Buelterman explained the change on the agenda allowing visitors to speak after the public hearings are over. He said the extra visitors section was added to accommodate everyone that wants to speak to the Skate Park without holding up the Public Hearings. Mr. Henry Levy addressed council regarding the Veteran’s Memorial. He said the Dog Park is still located in front of the Gym and two vendors for the Arts Festival said they are not coming back because they were downwind. He asked how dog owners pick up urine. He said the Veterans’ Memorial needs to be in that prominent location. He said because a previous council made the mistake of approving the dog park there; and the dog owners have gone to the expense of creating it; he thinks the citizens should accept the blame and the city should pay to move the dog park to a suitable location. Denise Vernon of the Fine Arts Commission requested being able to hang 4 Pole Banners flanking Butler Ave. just outside of Memorial Park for the Tybee 120th Birthday Celebration. She said they have a website that people can go to for information and it is: www.celebratetybee.org. She said the banners are 2 ft by 4 ft. and hang off of the utility poles. She said Georgia Power told her they could hang them 10 feet below the primary power lines but Ga. Power may require the city to sign a waiver. She thanked the City for the free parking island wide for the weekend. She presented Mayor and Council with copies of the Strategic Cultural Heritage Tourism Plan. She said it was a result of a grant from the Georgia Council for the Arts and the City matched the funds. She said they are very proud of it and hope to implement it very soon. Ms. Carrie Efird representing the Tybee Island Resident and Property Owners Association extended an invitation to the community and candidates to a candidate’s forum on October 2nd from 6-8pm at City Hall. She said their goal is to have Tybee citizens attend and ask questions to the candidates for Mayor and City Council. She said the forum will be moderated and all questions will be asked by random drawing. She said their next meeting is August 12th at 7:00 in the cafeteria. Mr. Toporek thanked everyone that helped get Solomon Avenue resurfaced. He said the dust has disappeared. He presented council with a petition for a speed bump on Van Horne St. with Page 2 of 18 approximately 100 signatures. He said the reason for the request is speeding traffic, it’s a playground and park area, and there are two nursing homes there that frequently roll people out in wheel chairs. He said there are a lot of roller blades and bicycles used on that street and it’s a tremendous hazard. He said he would be happy to meet with whomever council designated on the location of the speed bumps and he will bring anyone else that is interested with him. He said he has special concerns about the curve that Joel and Lynn’ s house was located on and feels it’s a hazard when people are trying to make that curve and its blind and they can’t see traffic. *** Mayor Buelterman opened the Public Hearings and announced that the Petitioner on 21 Pulaski Street has asked for his hearing to be continued until the first meeting in August. He said he understands there will be no specific change so it will not have to go back through Planning Commission. He said the public would still be allowed to speak because it was advertised. Mr. Hughes said it will be re advertised for the August 9th Meeting and there will be a public hearing then as well. *** Mr. Barry Brown, Chairman of the Planning Commission introduced a petition for Special Review and Site Plan Approval for a residential Bed & Breakfast for Paul Wolff. He said the Planning Commission recommended approval for up to 6 guests. Mr. Wolff said he has been operating a vacation rental in his downstairs for approximately six years. He said when he came in for a business license he checked with the City Marshal and City Attorney to make sure it was compliant with the code and was assured it was. He said last January he became aware of a section of the code that said no more than 4 unrelated people can share a single family home. He said he would like to convert his vacation rental to a B&B which is allowed by code. He said he has a six foot buffer between his house and the adjacent properties. He said he has parking for six guests. He said he doesn’t want to detract from the quality of service given at other B&B’s from around the island. He said he still intends to rent his entire downstairs as a single unit and anyone asking about rates will be informed of the difference in services as compared to other traditional B&B’s. Mr. Wolff said he would like to amend his request to no more than 4 adults. He said most of his business is families with a couple and three or four kids. He would like to still be able to accommodate them; but if it is the consensus of council that he can have no more than 4 people based on the number of bedrooms; he would like to honor the existing reservations which would not exceed 6 people through Labor Day. Ms. Sessions said she appreciates Paul’s looking at just having four guests instead of the six that Planning Commission recommended. She said for clarification there are only two bedrooms downstairs that you rent out although it’s a suite. Mr. Wolff said there are two bedrooms with double beds and a double futon in the living room. Ms. Sessions said she owns a B&B with a similar situation and only allows two people maximum. She said she understood he was willing to limit his to 4 people total and not just 4 adults. Mr. Wolff said he would consider it if it was the consensus of council. He said he had canceled all reservations through labor Day that had more than six people but would like to honor the reservations for 6 people or under through Labor Day. Mr. Crone said he has stayed in a Bed & Breakfast before and the concept that Mr. Wolff has of a dozen donuts in the freezer and not cooking for them does not come close. Mr. Wolff explained there are B&B’s that have continental Breakfasts that guests prepare themselves. Mr. Hughes explained as he understands the setup at Mr. Wolff’s it is not what would ordinarily be a B&B but it is closer to being a B&B than anything else in our code. Page 3 of 18 Mr. Hughes said he received concerns that Mr. Wolff was petitioning council and he is a council member. He said Mr. Wolff has disclosed his interest and disqualified himself from participating. He said the Supreme Court has ruled that an elected official does not forfeit his rights as a private citizen to make applications to the body on which he sits as long as he does not participate beyond what the ordinary applicant would. Mr. Hughes said he was also asked about the ethical propriety of other council members acting on the petition. He said there is no prohibition on that because no one on council has an interest in the property itself. Ms. Sessions requested the B&B license stipulate whatever conditions that council puts on it and if they are not met then the license could be revoked. Mayor Buelterman asked how enforcement for B&B’s is done. Ms. Schleicher said her experience is that most of those issues are complaint driven. She said any B&B that is not compliant runs the risk of losing their license. Mr. Larry Nesbitt said he is neutral on this petition but concerned about the owner occupied single family homes that are being used for short term vacation rentals. He said they are totally unregulated and the owners do not have to pay for a business license or Hotel Motel taxes. He said this also creates density problems. He asked council to take action on this problem. Ms. Schleicher said the city is currently tracking short term rentals and collecting data on complaints connected with short term rentals. She said the complaints are usually about parking, garbage or noise and there have been tickets issued. Ms. Williams said if anyone observes a problem they need to call the police and make a report because that is what is used to track the problem. Ms. Sessions said there are several short term rental management companies on the island. She recommended if there is a sign out in front of the property with a phone number, they should be called first to have a chance to address the problem before involving the police. Ms. Carrie Efird spoke against the petition. She gave a list of reason for her opposition. She said Mr. Wolff has operated many years what was advertised as a vacation rental in an R-1 zone; however he and his spouse have occupied that single family dwelling. She said continuing to allow him to do this is either a non-conforming illegal duplex or a rooming or boarding house and not a vacation rental. She said her company is Tybee Vacation Rentals and they manage over 100 privately owned properties on the island. She said none of them have owners occupying them or sharing the property with guests. She said her company does manage several properties that are actual duplexes and are allowed by code because of meeting the multi family structure requirements. She said it appears that his current rental activity is in violation of his property zoning and is not properly licensed because it doesn’t fall under the vacation rental requirements. She said her clients cannot classify their rental properties as their personal residence and they have to classify them as investment property; which doesn’t fall under the Stephen’s Day Bill and their taxes are not frozen. She asked why Mr. Wolff was allowed to continue the short term rentals while his petition was being considered for a B&B. She said from the description provided it seems as if this should be a Boarding House or a Hostel. She said this is inconsistent with the Tybee code for a residential B&B. She said in recent history there was a petition for a residential B&B on Bay Street. She said it was unanimously denied in part because it was not owner occupied. She said that should dictate that Mr. Wolff and his spouse cannot vacate the premises just to accommodate additional people in their living space. She asked that council consider the intent behind the code allowing B&B’s. She said she doesn’t feel that it was created to assist what he is doing. She said his petition should serve as a prime example of much needed Page 4 of 18 definitions in our code for B&B’s, Hostels, Boarding Houses and Vacation Rentals. She suggested this topic should be addressed by our Master Plan Committee before this petition is considered. Mr. Wolff said he and his spouse have always been on site and they have no intention of renting out their living space. Ms. Williams moved to approve the B&B with the stipulation of it being limited to 4 people utilizing the two bedrooms, owner occupied with no guests staying in his personal residence and grandfather his reservations through the end of July. Mr. Pearce seconded and added that while Mr. Wolff should not be treated special because of his position, he should be treated even handedly. Ms. Williams said Ms. Efird brought up valid concerns about definitions in our code and council needs to address them. She said she doesn’t feel they can hold anyone else up to a standard that is not currently on the books. She said they have consulted with Mr. Hughes and made sure everything that has been requested has been in line with the ordinances currently on the books. Mr. Hughes said council actually has two things before them; one being the site plan approval and the other is the special review. He said the public hearings are combined but the motions should be separate. He said the first motion would be taken as addressing the site plan because the special review requires that there be an approved site plan. Mayor Buelterman said the motion that was made would be for Site Plan Approval. Mr. Hughes said correct. Ms. Williams and Mr. Pearce voted in favor of the motion and Mr. Crone and Ms. Doyle voted against the motion. Ms. Sessions abstained because her sister is a neighbor of Mr. Wolff and had received e-mails suggesting it would be inappropriate for her to vote. Mayor Buelterman broke the tie in favor of the motion to approve. Ms. Williams moved to approve for Special Review, Pearce seconded and the vote was, Williams and Pearce in favor and Crone and Doyle opposed. Ms. Sessions abstained because her sister is a neighbor of Mr. Wolff. Mayor Buelterman broke the tie in favor of the motion to approve. *** Mr. Brown presented the Site Plan Approval for the South End Café on Inlet Ave. for Kevin Carpenter. He said the site plan is for benches and picnic tables. He said the PC recommended approval. Mr. Carpenter said he was requesting to be able to put tables with umbrellas outside. Mr. O’Dell said this is also his site plan review for his structure. Ms. Schleicher said it includes the decking that has been installed. She said initially his site plan just had the building on it. She said additional decking had been added as well as the picnic tables. Ms. Doyle asked if Mr. Carpenter had been informed that the deck had to be removed or is the problem that it’s in the right of way. Ms. Schleicher said the entire structure is in the right of way because the deck is not detachable. She said he needs to modify the decking to get it out of the right of way and then add a detachable ramp if he wants to. She said he would need to sign a hold harmless agreement with the city for the ramp. She said a hold harmless agreement for the entire deck is not possible. She said Mr. Carpenter and Mr. O’Dell have assured her the deck can be modified. Mr. O’Dell said he was confused as to why if the deck and ramp was made of concrete it would be allowed but being made out of wood makes it a violation. Ms. Schleicher explained that the concrete would not be attached to the building but the wood decking is and Page 5 of 18 becomes a part of the structure. She said concrete patios, sidewalks or driveways are never calculated in your setbacks but decks are. Mr. Keith Gay, Chairman of the Economic Development Committee recommended approval. He said the committee has always supported this project and Mr. Carpenter and Mr. O’Dell need a vigorous approval because it is a perfect example of recycling a piece of landscape. Ms. Williams asked Ms. Schleicher to explain the long process Mr. O’Dell has been through to get to this point. Ms. Schleicher said Mr. O’Dell had originally presented a site plan that had a driveway but he removed it during the hearing process because it affected his drainage. She said the plan grew to include decks and outdoor seating but because you cannot have outdoor seating in your drainage ditch; the engineer was able to modify the drainage and put it on the north side so there are no longer tables in the drainage ditch. Ms. Sessions moved to approve, Ms. Williams seconded and the vote was unanimous. *** Mr. Brown presented the petition for Site Plan Approval for Ralph Douglas Jones at 1207 Hwy 80. Ms. Doyle recused herself from this hearing because Mr. Jones is a neighbor and leases that section of property from her. Mr. Brown said Mr. Jones wants to set a 24 by 24 foot building on the lot adjacent to Doyle Landscaping. Mr. Brown said the PC recommended approval. Mayor Buelterman read a letter from Kimberly and Kelly Doyle supporting this petition. Mr. Crone moved to approve, Mr. Wolff seconded and the vote was unanimous. *** Mr. Brown clarified that everything approved by council still requires a building permit to get started. *** Mr. Hughes said the next public hearing for 21 Pulaski Street has been continued at the petitioner’s request. He said it has been advertised and anyone wishing to speak about it is welcome. Mr. Ed Cawley requested City Council deny the request for a shore protection variance. He gave six reasons to deny the variance with 1 being; Lot size in Tybee’s R-1 zone is 12,000 sq ft. 2) Lots of record exist in areas that will never be allowed to be built upon. Mr. Cawley said if he considered a property in the shore protection area he would know that it would require variances before he purchased it. 3) Battery Backus is an essential and indispensable part of the sand dune system. Mr. Cawley said he purchased his property in 1979 when the water came up to the seawall and thanks to continued efforts of beach renourishment he has seen the dunes grow. He said there is actually dune growth on the Pulaski St. side of the Battery. He said 4 feet of dune adjacent to Battery Backus erased itself this spring due to the unnamed storm. 4) Demolition of any of Battery Backus will have a catastrophic effect on nearby property owners. He said even though the petitioner has only 20% demolition on his plan that it actually will take out 60 Linear Ft of the Battery destroying the dune that has accrued there. He requested an Engineer not in the employ of the developer look at the battery and see if removing the requested portions would hurt the integrity of the remaining portions. He asked who would provide damage bonds Page 6 of 18 to protect the adjoining property from damage caused by demo to the battery. 5) Allowing this variance could open a Pandora’s Box of destruction in Fort Screven. He said there are other homes built on the fort that are multiple lots of record. 6) Battery Backus is an irreplaceable link to our past. Mr. Cawley shared some historical facts and shared examples of irreplaceable ruins with historical significance. He said if we tear down Battery Backus it will never have historical significance and will destroy this link to our past. He said he feels that preserving Tybee’s unique history outweighs the need to construct two more townhouses on the beach. Mr. Crone told Mr. Cawley that the best way to preserve the battery is to buy it. Mr. Don Tuten said he came to the meeting because of the story that was in the newspaper. He said he and his wife built the original house that used to be on Battery Backus. He said he doesn’t have a problem with the developer putting a single family structure on the battery. He said his problem is with tearing down the battery. He said they were able to build their home without defacing or altering that property. He said the house he built there burned a year or so after he sold it. He asked council to please save the historical aspect of this piece of land. Mr. James Carter said they were told along time ago not to worry because Tybee’s heritage, lifestyle and everything else would remain the same. He said we all know that hasn’t happened. He said Ft. Pulaski is a heritage to Cockspur Island; just like the Desoto, Amusement Park, Bowling Alley, Skating Rink and a dozen other places were a part of Tybee’s heritage. He said Ft. Screven is a part of Tybee’s heritage that has been here since before we were kids. He said we are watching while our Tybee Island heritage is being ripped away one block at the time. He said he is tired of watching his heritage, his lifestyle and the place his Great Grandfather was the first Mayor of ripped away and to be forgotten, to build another condo or duplex. Mr. Steve Shearhouse said he was born and raised in Savannah but comes to Tybee and loves Tybee. He doesn’t understand why the local, county or state historical societies have not stepped up and spoken against this. He said he feels if houses are allowed to be built on Ft. Screven than they should be allowed on Ft. Pulaski and any other fort in Savannah. He said they should preserve Ft. Screven and fix it up like they did Ft. Jackson. He said Ft. Screven could be used as a tourist attraction. Ms. Williams asked if Planning Commission had been given a chance to review the information that was given to Council yesterday. Mayor Buelterman said as long as there are no significant changes to the petition it will be allowed to come straight back to council. Mr. Hughes said he hasn’t seen the information that council received yesterday. He said since the PC recommended denial and unless there is a change in the applicants plan; there is no reason to send it back through the Planning Commission. *** Mayor Buelterman requested everyone in attendance to hear and discuss the Skate Park be respectful of each other. He requested no applause during the discussion. Mayor Buelterman said the skate park that was initially located in Memorial Park on Jones Ave. was taken down because of safety issues including rusty nails, etc. He said he recalls it was taken down with the assumption that it was going to be put back. He said it has been delayed repeatedly and now has become an issue again. He said two years ago Council approved putting $60,000 in the budget for the skate park but could not get the project finalized. He said council approved putting $60,000 in the budget for this year and put together an Ad Hoc Skate Park Committee to come up with locations. He said council asked that the committee come up with locations not in the parks, because of the stipulation that when the gym Page 7 of 18 was complete there would be no more concrete allowed in the parks. He said their first suggestion was Ft. Screven but it turned out that there was not enough land there. He said their second recommendation was a location previously approved by council that was over by the campground. He said during the last council workshop they discussed locating the skate park back in Memorial Park. He said people in favor of the skate park actually said they would go out and solicit additional funding through private sources. Ms. Nina Easton of Miller Ave said she has owned property here since 2002. She said she is originally from Europe but moved here because of what the island had to offer. She is a mental health and substance abuse counselor and she has worked a lot with teens and parents. She said unfortunately Tybee as well as Savannah has a large substance abuse problem. She said in Europe they have skate parks in the middle of their cities because they live and work in their cities. She said Tybee has too little to offer to our teens except getting in trouble. She sees the skate park as a positive thing. Ms. Bonnie Nesbitt said she considers herself to be very lucky being a Tybee resident. She said the officers of the Tybee Island Residents and Property Owners Association have asked her to come before council tonight on behalf of their 283 members. She said after attending the council’s workshop on July 2nd, it became apparent that Mayor Buelterman supported by Ms. Williams has decided to move forward with the skate park; regardless of how the citizens of Tybee feel about it. She said Tybee is a residential island with no room for such a park, without disturbing residents or parks or both. She said their members have been consistent with feeling that Tybee is not the place for the skate park to be. She said Wilmington Island and Savannah are both interested in a skate park. She said it is beyond reason why our council doesn’t pursue partnering with one of these communities that would be convenient and suitable. She said tonight the council will vote on whether or not to have the skate park in one of our parks. She asked if council had forgotten their promise not to put any more concrete in the parks. She said we will hear the word mitigation but is it acceptable to put more concrete in Memorial Park because you’ve removed an old splash pool. She asked council if citizens would be allowed to put impervious cement in their yards if they remove old concrete. She asked if there are two separate sets of rules for council and its citizens. She said shouldn’t the city do as our City Manager said and be an example. She said she was sure we would hear about the necessity to rescind the no more concrete in our parks resolution. She said it doesn’t really matter what reasons are presented, such as making a future swimming pool possible or the need to expand City Hall. She said the bottom line is its all smoke and mirrors and rationalization for putting a skate park in Memorial Park. She said it would not be an issue if it weren’t for the Mayor and a couple of City Council Members who decided this is worth going against the will of the people. She said they heard at the council workshop about the need for nearly $200,000 to staff our beach lifeguards and this is not only a need that benefits all of Tybee but the visitors as well. She said the city should put recreation dollars where it will benefit the majority of island residents and not just a few. She asked where the feasibility study, site plan and cost figures are. She asked about the cost to supervise and maintain the skate park as well as how it will be buffered. She asked if the fence will look like the one around the cemetery that cost $25,000. She asked where the yes or no vote was on even building a skate board park. She said the city seems to think they can skirt the liability issue by not charging admission. She said it is unfortunate that the island will not be able to vote for or against a skate board park. She said she is saddened to say this will be an election issue. She said what council decides tonight will be uppermost on a lot of minds in November. Mr. Wayne Harper of Jones Ave. thanked council for letting the public speak tonight. He quoted Hemingway saying “No Man is an Island”. He said he would add what diminishes this island diminishes him. He said we the people of this island have spoken to the skate park on this island by way of a petition with a margin of 600 to 100. He said we the people do not want a skate Page 8 of 18 park area on this island. He said all the locations that were recommended by the Ad Hoc Committee were spoken against by neighbors of the locations. He urged council to vote no to locating a skate park area in Memorial Park or anywhere on this island. He said he doesn’t understand why the city would even consider locating a skate park adjacent to the 2nd most traveled road on Tybee. He said only by Gods Grace have we not had a child killed on Jones Avenue. He said the other issue is protective gear recommended by the skate board association. He said less than 3 in 100 wear this protective gear. He said safety of our children should be the first order of business in anything the city builds for the use of the public. He said if council does approve a skate park it should be a safe distance from traffic and certainly not near our most traveled roads. He said it must be supervised for safety equipment and gated for operation. He said the other issue is noise. He said there is no practical solution for the noise except distance and barriers. He urged council if approved that they locate the skate park an equal distance from homeowners on all sides of Memorial Park. He said council has the power to move or replace concrete so that there is no additional concrete in the parks and no green space is used. Mr. David Postle said this council is being berated for believing in a concept that would provide recreational opportunity for the youth of our community, county and the youth that come here and spend their money and make Tybee a viable place to live. He said he finds it astounding that we can spend $320,000 to provide 2 playgrounds for pre-school and elementary age children as we should, but we can’t have the same concern for our youth that are approaching adulthood. He said this council is the fifth consecutive council that pledged to erect a skate park. He said this council went a step further and allotted $60,000 as well as appointing a committee to find a location. He said he hesitates to allow a group of 283 people to speak for and supposedly represent the 3,600 people who live here and the thousands who come here to spend their money to support our island and our way of life which gives us the paradise that we have. He said he read an e-mail from a gentleman that was 38 years old and he takes his 9 year old daughter to a park in South Carolina 2 or 3 times a week so they can bond at a skate park and spend their money there. He said we are soon going to have grandparents that wanted a skate park on Tybee and whose grandchildren are still hoping that someday there will be one. He said he hopes this council will make a decision on the location. He said that will help the young people that are willing to work hard and raise the money. He said even though $60,000 is a lot of money it is not enough to build and maintain an appropriate size park. Mr. Gary Sanders said he is a skateboarder and skates everyday. He said it is his primary mode of transportation downtown. He said his 9 year old daughter Sophia is a skateboarder and skates with him. He said he travels a lot and always tries to locate a skate park at or close to his destination. He said he understands the neighbor’s complaint regarding the old worn out ramps and their location on Jones Ave. He said the proposed concrete park like the one in Athens, which is one of the finest parks he’s ever visited, is quiet but he believes it should be moved away from Jones Ave. He requested council contact other cities that have a skate park because overwhelmingly they have positive things to say. He said as an architect he could look around and probably find 2500 sq ft of concrete to add to the concrete slab square footage to mitigate for the skate park in Memorial Park. He said surely there is 2500 sq ft of concrete not being used. Sophia Sanders asked council to approve a skate park. Ms. Gloria Leonard of Lovell Ave. spoke in favor of the skate park. She said the advertisements bill Tybee as a resort area and not a retirement area. She said we have beautiful refurbished Tennis Courts in the park. She said she doesn’t understand why a group of people opposes this particular age group. She asked council to approve it and get going with it. Ms. Laurie Montgomery of Miller Avenue said the events in the park excite her because it brings people and energy to Tybee. She said she didn’t observe bad behavior in the previous skate park Page 9 of 18 and felt the children were only concentrating on their next move. She said the location issue keeps coming up. She said she lived in Stockholm Sweden for two years and they had a Tivoli that was like Six Flags only smaller. She said they didn’t have much room but managed to put a roller coaster with lots of turns in a small space. She requested that council approve even if they have to compromise on the size. Mr. Dan Frye of Second Ave. said he doesn’t feel the need for a skate park on Tybee. He said he likes to play tennis and commended council for refurbishing the courts. He said he doesn’t think it is appropriate to locate a skate park near a tennis facility. He said he has only been on Tybee for three years but believes there must be more important things for us to spend our time and money on. Mr. Jason Alstad said he has been a resident and skateboarder since 1995. He thanked the city council and supporters for the skate park. He said the main thing right now is to find a location and most of the skate boarders don’t care where it is located. He said after several failed attempts at putting skate boarding elements on Tybee he feels we have wasted enough time and money. He asked why it’s okay to have a tennis court if you like tennis but not okay to have a skate park if you like to skate. He said it boggles his mind why dogs have a park and flags have a park but skateboarders can’t have a park. He said he feels the location next to the Police Station was ideal where the police could keep and eye on it and doesn’t understand why it wasn’t chosen. Mr. Dylan Winters said he is 13 years old and has been coming to Tybee for vacations during summers and holidays since he was 3 years old. He said he loves skateboarding and it’s a really great physical sport. He said he feels a lot of people see skateboarders as punks who are up to no good. He said that is not the case. He feels it would be awesome and fantastic for the youth if there was a skate park on Tybee Island. Ms. MaryAnn Bramble of Lovell Ave. said she has lived on Tybee since 1979. She said she feels Tybee is becoming anti family and anti children. She said her niece was not allowed to set up a lemonade stand for the 4th of July because she wasn’t a registered vendor. She said she is pro skate park and pro anything for the children and youth of Tybee. She said the youth need something just like the young children have and if we don’t provide it they will roam the streets and the police will be called. Ms. Pam O’Brien commended Mayor and Council for their patience and listening skills through this whole process. She said the challenge before council is approving the skate park as other councils before them have and she supports that. She said council needs to manage the scope of the project preferably within Memorial Park. She asked council what the message was that we are sending to our youth. She said we started a project and everyone has consistently marched down the path to have the skate park in Memorial Park. She said we collected and spent money and people donated time and effort. She said the ramps were inferior, so do we fix the problem or walk away from the problem. She said she would like the message to be that we fix the problem. Ms. Sharon Logan said she has been a resident and property owner on Tybee for 30 years. She said she is a school teacher and she has sat through several council meetings with something bothering her. She said in America it seems to be the trend that you can change public opinion through fear. She said that same trend seems to be in vogue in our city council meetings. She requested that council not give in to groups using implied threats of future elections. She said we have agreed this is something the children need to have. She said she hopes council will be brave enough to vote their hearts and approve the skate park. She said she hopes they will find a Page 10 of 18 suitable place and teach our children another lesson, a valuable lesson; that bullying is not an acceptable practice. Mr. Bennet Bacon of Chatham Ave has heard we might be building a skate park since he was 11 years old. He said he is now 20 years old and there is still no sign of a skate park. He said he is running out of time. He said it has been said that this may become a voting issue and many of the skaters that are here tonight are of voting age and they do want to put in their two cents. Ms. Lawanna Tsoulos of Bay St. said she is not for or against the skate park. She said her interest is transparent government. She said she feels the reason a lot of people are confused is that the last voting season it wasn’t an issue. She said when Ms. Williams had her party at the Guard House there was no mention of a skate park and it was not mentioned in her literature. She said she feels that if it had been mentioned during the election, people would have made their choice based on that information, because it is an issue. She said the Mayor was open about trying to do things for the youth and has openly campaigned about that issue since 2001. She said when Mayor Buelterman ran for Mayor in 2005 he did not openly campaign for the skate park and did not mention the promise to the 14 year old boy during his campaign. She said transparent government and transparent campaigning is very important. She said there are a lot of things for our youth to do on the island because we have a very strong YMCA. She said Hillary is working very hard to improve programs for our youth on Tybee. Mr. Joel Amex said he grew up on Tybee Island. He said he passed out petitions regarding the skate park. He said out of 268 homes quite a few of them were TIRPOA members and obviously denied the park. He said 81% of the people were in favor of the park. He said he thinks council should give the kids a chance. He said they should keep the promises of the past and the promises of tomorrow. Ms. Libby Bacon said she would like to clarify some things that have been said tonight. She said speaking as a private citizen and an advocate for the skate park. She said it was stated tonight that the Ad Hoc Skate Park Location Committee said that they didn’t want to put it in the park and that advocates have said they don’t want to put it in the parks. She said the Ad Hoc Committee was directed not to put it in the parks and to find some other area. She said she appreciates Ms. O’Brien pointing out that the parks are zoned parks and that’s where recreation should be. She said what we are looking at is mitigating and that is not smoke and mirrors but it’s the real thing. She said her personal opinion is that it should not be where the present slab is. She said the slab is a birdbath and won’t work. She said that slab is 4,000 square feet and there are sidewalks that go to nowhere. She said all of this concrete is an eyesore and a waste of DPW’s time because they have to edge it every week. She said let’s take it up and put down an attractive, professionally designed and built concrete skate park that is buffered. She said Savannah and Chatham County have not been promising their kids a skate park for 10 years and Tybee has. She said she would be very concerned if council decided to send money off of the island. She said the island youth need something they can get to by walking or biking. She said Tybee residents have a high quality of life that is driven by the tourist dollar. She said our visitors make our quality of life possible. She said she knows first hand that a well designed skate park will bring more people and they are considered destinations. She said skate boarding is the fastest growing sport and is considered mainstream with over 12 million skaters. She said if some feel a skate park needs to be privatized then I would say the tennis courts and playgrounds need to be privatized as well as the gym and basketball courts. She said there is an argument about the number of locals that will use the park but on any given day you can go to the playground and most of the people there are not locals. Page 11 of 18 Mayor Buelterman opened the business meeting and clarified that the actual amount spent on playground equipment was around $210,000 and not the aforementioned $300,000 and it was compiled of SPLOST money and a $25,000 grant from the State. Mayor Buelterman said even though it seems they are focused on the skate park in reality they are focusing on many things and the skate park is only a small part of that. He listed the things that are being fixed in the parks at the present time as: The Playgrounds, Tennis Courts, Volleyball Courts, Path at Jaycee Park, The Basketball Courts are about to be resurfaced, The Lights at the Softball Field are about to be fixed, The lights at the Volleyball Court, The lights at the Tennis Courts, Lights at the Playground, New Picnic Tables in Memorial Park as well as landscaping in Memorial Park that is about to come up. He said Council is focused on a lot of things but Beach Renourishment has obviously been his focus recently. Ms. Doyle asked Ms. Schleicher to clarify again where the money for the playgrounds came from. Ms. Schleicher said actually no money came from the General Fund and we received a $100,000 Land and Water Conservation Grant and the rest was SPLOST money. Mayor Buelterman said we need to get past this and make a decision on it and move forward for the community’s sake. Ms. Williams moved to approve allocating 4,000 square feet in Memorial Park, which will be mitigated by unused concrete being removed; along with recommending a committee to place the Skate Park and the Veteran’s Memorial. Mayor Buelterman added that the path that goes through the park is a safety hazard. Ms. Williams amended her motion to add looking at the location of the path as well as taking into consideration a location for a pool in the future if funds should be located. She said the motion would also authorize the city to move forward with the bid process because the square footage has been established and it will be located in Memorial Park. She said there is $60,000 in the budget and skate park supporters have raised over $10,000 additional funds. She said they will start small. She said originally they had planned for a much larger park but they have revisited that and want to start with a park Tybee can afford now. She said if it is successful the city could look at it again in the future. Mayor Buelterman asked Ms. Williams to restate her motion in a concise way. Ms. Williams moved to approve allocating 4,000 square feet in Memorial Park, to appoint a committee to locate every potential future need for the park and go ahead and put it on the plat, to authorize city staff to go ahead and re-bid the project based on the reduced square footage and the money available. Ms. Woods said Ms. Williams also stated mitigating the concrete in her original motion. Ms. Williams added mitigating the concrete to her restated motion. Mr. Wolff seconded for discussion. He asked that they give preference to the Veteran’s Memorial. He said even though he is in favor of this and does want to proceed one way or another, He feels the Veteran’s Memorial should have priority as to where they want to go and we should work around that. He requested they keep in mind the original site that they had which was back by the cemetery because they are about to open the cemetery for cremains and if a veteran is deceased they could buy a brick in the Memorial and scatter the cremains in the cemetery. He feels the visibility needs to be on the quiet side and not on Butler. Ms. Williams accepted the amended motion. Page 12 of 18 Mr. Pearce asked for the final plat of Memorial Park to come back to council for final approval before going out to bid because of the many factors involved. Mr. Hughes said he doesn’t think it could be put out to bid until there is a location determined; because mobilization issues and construction cost could depend on where it is actually going to be located. Ms. Doyle said she doesn’t think they can vote on where to put something if they don’t know what they are looking at and how much space they are talking about. She said she has trouble with this because there is no information for council. She said she feels they need something more than what they have right here. Mayor Buelterman said the motion in respect to the size was made for 4,000 square feet, which is the same size as the slab that was put out there many years ago. Ms. Sessions said one of the young people from California came up to her during the break and there was one more thing he wanted to say. She said he asked her to remind everyone that the life span of his generation is shorter because of health problems related to an inactive lifestyle due to video games and TV. Ms. Sessions said she was opposed to the Gym but when she looks back on the discussions with Jack Youmans and other council members before her, she feels the gym was so badly needed 20 years ago but it could never get passed. She said consequently when it did get built there were no kids playing basketball anymore. She said she attended Mr. DeLoach’s funeral today and they kept referring to his council days as well as beyond and his service to the community and how supportive he always was to the youth. She said she feels they are forgetting their youth and that’s sad. She said she was the person on council when they approved the gym to ask that no more concrete be placed in either of the parks. She said she has a problem right now with voting for the mitigation. She said she wants to go on record as supporting a skate park on Tybee and not just a little slab. She said she has heard the comment that they only have three or four hundred little children on Tybee and they don’t need much. She said that is just sad if we have such a low opinion of our children and feel they don’t need much. She said she would like to see a big skate park made of concrete where people would come from everywhere to use. She said she didn’t know a lot about skate parks until she started looking into them. She said she started watching television and visiting them and they are amazing. She said just to sit and watch the kind of people and what can happen with the conventions and competitions. She said it’s important the she goes on record in support of a skate park but she is not in favor of the motion on the table tonight. She said she hopes she is around to see a big skate park somewhere on this island. Voting in favor of the motion to approve were, Williams, Wolff and Pearce. Voting against were, Crone, Doyle and Sessions. Mayor Buelterman broke the tie in favor of the motion. *** Ms. Schleicher asked Chief Sasser with the Tybee Island Fire Department to come and give a presentation on the requested budget adjustment for the lifeguards. Chief Sasser said he first wanted to speak to comments that have been said recently regarding the fire department and the recent fires they’ve had. He said he has been a public safety figure for 30 years in law enforcement and with the fire department. He said this group of volunteers, both men and women are some of the best he has ever seen. He said they are doing an excellent job for the protection of life and property and at the same time they have to be safe. He said there are a lot of liability considerations when people are responding to an emergency in their Page 13 of 18 private vehicle. He said he conducts a lot of training that includes preaching about safety going to and from a department including all of the responsibilities and everything that would occur in civil liabilities and what would occur if something were to happen. He said every firefighter takes it very personally when property or life is lost. He said they do the best they can in fighting and saving lives. He said the firefighters were fighting this fire with downed power lines, a lot of heat and a lot of danger to them and without hesitation they gave 110%. He said the department does an excellent job. Chief Sasser introduced Captain Dupree of the Tybee Ocean Rescue and said he is a captain with the Savannah Fire Department. He said Captain Dupree is the senior captain as far as all operations with Ocean Rescue. Chief Sasser said he was basically handed this department with all of the budget and operations in place. He said they started looking into associations and agencies and the criteria on ocean rescue on beaches throughout the country. He said they were way understaffed and did not have a lot of equipment so they have tried to change that. He said they have 10 tower sites with locations being; North Beach Base, North Beach Tower, 3rd Street, 14th St. 15th St. 16th North, 16th south, 17th St. 18th St. and South Beach. Captain Dupree said there have been questions concerning the difference in the dollar amounts. He said they have had to add additional tower sites. He said 4 years ago they had no towers on North Beach and all responses had to come all the way from South Beach which is too long a response time in the case of a drowning. He said an additional tower was added to the South Beach which is a hot spot especially because of the sand bar. He said they added the 3rd St. tower as well because the sand erosion has created a high grade slope. He said the 3rd Street tower is not always up because they created the plan for the bare minimum which does not account for having someone at 3rd Street everyday. He said 3 years ago they had 5 tower sites. He said they have additional life guards on duty allowing them to monitor a greater amount of the beach and provide much better service to the citizens. He said their current staff consists of 25 people with 14 for the on call list. He said when you’re on the ocean in swift water it is not life guarding, it is swift water rescue. He said it is an advanced skill. He said they are requesting 18 guards daily consisting of 14 guards, 3 supervisors, and 1 station dispatcher. He said they are working with 25 guards for weekends and additional guards on holidays to keep the numbers realistic. He said even with the additional budget all of the towers will not be opened all day every day. He said a typical rescue involves 4 guards minimum. He said their budget request is for $271, 260 annually. He said their current budget is $97,653 annually. Mayor Buelterman said they are doing a fine job and he has received numerous public comments to that effect. Ms. Sessions asked if Chief Sasser intended to place signs at every crossover alerting people to possible dangers. Chief Sasser responded that they are looking at signs in conjunction with a flag system to alert people to possible dangers that can be posted over the boardwalks. He said they are looking at putting signs up in areas that are not protected to alert people to no guard on duty or no guard on the beach. He said they do have personnel that roam the beach looking for possible danger. Ms. Schleicher said they have made an amendment to the budget adjustment. She said they had to add an additional FICA amount and adjusted the end of the season. She said they also made an adjustment to purchase signage. She said it is not only about the personnel being there but also about educating the public. She said she is also concerned about East Gate because we have signs on the hazards but people will swim out to the hazards to see what the sign says and it says no swimming. She said she has talked with the Chief and there is signage that says no lifeguard on duty and also a universal no swimming sign. She doesn’t want to encourage people to swim. She feels that a sign posted at the crossover will eliminate people getting all the way on Page 14 of 18 the beach and not wanting to leave when they find the danger signs. She said most people bringing children to the beach will want to be in a place that has life guards. Ms. Doyle asked how they arrived at the figure of $1,191 for overtime associated with longer hours. Chief Sasser said he and John Redmond arrived at that figure after looking at past overtime on the holidays. *** Ms. Schleicher reminded everyone about the Master Plan Stakeholders meeting on Thursday, July 19th from 5:30 to 7:30 at City Hall. Ms. Schleicher said everyone should be receiving postcards at their homes or in their mail boxes that will give them a code to use at the city’s website to participate in the Master Plan. She said anyone not receiving their code can get one at City Hall. *** Ms. Williams moved to approve the items on the Consent Agenda as listed earlier, Mr. Wolff seconded, and the vote was unanimous. *** Mr. Pearce moved to approve the Banner Flags for the Tybee 120th Birthday, Ms. Sessions seconded, and the vote was unanimous. *** Mr. Crone recommended the request for a speed bump on Van Horne be taken under consideration by the City Manager. Mayor Buelterman said he and Ms. Schleicher had a meeting with North Campbell property owners about the speed bump there. Ms. Schleicher said in that meeting the property owners nearest to the speed bump expressed they do not like it and they feel that it creates a lot of noise. She said everyone agrees that it slows down traffic. She said the people that love the speed bump said they do not care if it is right next to them so she is considering moving it one more time. She said she will ask Mr. Wilson to check and make sure it is feasible. Mayor Buelterman requested that Ms. Schleicher notify property owners near the newly suggested site before it takes place. Mr. Crone said when the speed bump is in place on North Campbell; the homemade signs need to come out of the right of way according to our sign ordinance. Ms. Williams asked if the people on North Campbell that were against the speed bump were in favor of moving it. Mayor Buelterman said they really did not want a speed bump but might accept it as long as it was moved. *** Mayor Buelterman said he thought if they approved the budget amendment for the Fire Department entirely, they would still have around $90,000 left in contingency. Page 15 of 18 Mayor Buelterman said there has been a lot of conversation about going to Chatham County to request funding. He said the county asked that we come forward many months ago and put forth any request the city might have for their budget. He said they went and requested $150,000 for the 3rd year in a row for Beach Renourishment. He said he did tell them if the Federal Government did not give us money for renourishment that amount would go up. He said he is concerned with going to Chatham County and not following their procedures for requesting funds. Ms. Sessions said she was with Mayor Buelterman when he made the request last year and they were very receptive. She said she thought they were going to put a line item in their budget for Tybee. She said she thought that is what Tybee asked them to do. She said she would like for us to get on their agenda and have our Lifeguard Officials do a presentation for them so they can see what Tybee is doing. She said she feels Chatham County should take some responsibility and partner with us on this just as they should partner with us on renourishment. She asked Ms. Schleicher for a staff recommendation. She said maybe they could approve half of the requested amount and then go and request the other half from Chatham County. She said she would be glad to go to the meeting. She said next year we will have a better gauge on what is needed and we can look for grant funding. Ms. Williams asked if they only approve half of the amount and Chatham County refuses to provide the other half would council be able to reconsider the other half of the amount needed. Mr. Redmond said there would be $95,000 left in contingency if this were approved. Ms. Sessions said we still have five months left and we don’t know what to anticipate. Ms. Sessions moved to approve ½ of the requested budget adjustment amount, and the Mayor, Mayor Pro Tem and Lifeguard Officials giving a presentation to Chatham County to request partnering with Tybee for the remaining ½ the amount. Mr. Wolff said he would second the motion as long as we could get it back in quickly if we need to in order to give them the other ½. Ms. Doyle asked, what were Tybee’s chances of getting into a commission meeting? Mayor Buelterman said they are at the tail end of their budget process and they have a meeting on the 20th. He said they would have to re organize their budget and do this as some kind of emergency. He said we have gotten 5 million from the county for SPLOST and we may have to go to them for renourishment but he will do whatever council decides. He said it may be very difficult given that they are at the end of a very long budget process. Ms. Williams asked if this were on the next agenda would that give them time enough to go to the county. Mayor Buelterman said yes. And the vote was unanimous. *** Ms. Williams asked the Mayor to go over the details for putting together the committee to make recommendations on Memorial Park. Mayor Buelterman said they need to determine what groups would want to be a part of it. After discussion it was decided that the following groups would be asked to put forth a member to be on the committee; Veterans, YMCA, Dog Park and Public Safety. Mayor Buelterman said there will be appointments made at the next council meeting and anyone on council wishing to add additional groups should let him know. *** Page 16 of 18 Mr. Hughes explained the text amendment to add the 19th Street location to the vendor’s list. He said for the last several years a location on 19th Street had been permitted but is not expressly listed in the ordinance. Mr. Pearce moved to approve, Ms. Sessions seconded, and the vote was unanimous. Mr. Hughes said the approval is for 1st Reading. *** Mr. Hughes said the revised version of the Animal Control Ordinance contains items that were not on the original version. He said primarily there are just a couple of issues left to discuss, he asked council how they wanted to deal with the animals in vehicles portion. He said another topic is the animal in an enclosure outside and what the distance should be to a neighboring property owner. He took out the table and just listed 25 feet which he based on the lot sizes on Tybee. He said he incorporated Mr. Pearce’s suggestion regarding the federal regulations on migratory birds and a cock fighting prohibition has been added. Mr. Hughes said he can foresee a problem with horses and as it currently stands you can’t have a horse on the island without having a special permit from council. He said sometimes as part of amusements for children’s birthday parties they provide ponies and he doesn’t think council will want to entertain those petitions. He said he added a clause that would allow pony rides based on the number of hours being four. Ms. Doyle asked about section 10-16 regarding animals in a parked car. Mr. Wolff said it states under no circumstances can you leave a dog unattended in a parked car. He said if its raining and he has to pick something up at City Hall and he has his dog in the car, he will run in and run right back out. He said there is no provision for that in this section. Ms. Doyle said that was her concern as well. Ms. Williams read the original provision and thought it might make people think they can leave a bowl of water in the car for the dog and the windows cracked and go to the beach. Mr. Hughes said Major Case was concerned and thought the officer might need some discretion. Mr. Hughes said the more specific the ordinance is the more it can withstand a challenge. He said a clause like; it is prohibited to leave an animal in a vehicle unattended, under such circumstances as to reasonably demonstrate a risk of harm to the animal. Ms. Williams asked if that would stand a challenge. Mr. Hughes said as long as the reasonable standard is in there he does. Mayor Buelterman asked if it would be a problem to approve the ordinance for 2nd reading with the suggested changes not being in the document. Mr. Hughes said he would like for the final changes to be in the document but there is some urgency to get this matter enforced. He requested it be listed on the next agenda for the final document to be approved for 2nd reading. Ms. Schleicher said the Police Department needs the approval to address barking dog issues. Mayor Buelterman asked if we could move forward and approve this document and have the amended document come back for 1st and 2nd reading again. Mr. Hughes said yes. Mr. Pearce moved to approve the Animal Control Ordinance for 2nd Reading, Ms. Williams seconded, and the vote was unanimous. *** Mr. Hughes said this text amendment to the noise ordinance is to clarify. He said when the original amendment was added to regulate the times used for landscaping equipment and because it was in a table form it should have read at all times. He said this amendment will Page 17 of 18 correct that table to reflect at all times. Mr. Pearce moved to approve for 1st Reading, Ms. Williams seconded and the vote was unanimous. *** Mayor Buelterman asked if there was a way to make it where kids could have Lemonade Stands. Ms. Schleicher clarified the misunderstanding. She said they received a phone call and the person said they did the parking lot on the South End and they also owned a home on Lovell Avenue and they wanted to do a Lemonade Stand. Ms. Schleicher said the city’s response was that we do not allow vending in the streets according to our code and that’s a residential district. She said that was the end of the phone call. She said she didn’t receive a phone call requesting for a child to have a Lemonade Stand. She said the city does not go around and shut down children. *** Mr. Pearce moved to go into Executive Session to discuss, Litigation, Personnel and Real Estate Acquisition, Mr. Wolff seconded and the vote was unanimous. *** Mr. Pearce moved to go back into Regular Session, Ms. Williams seconded and the vote was unanimous. *** Mr. Pearce moved to adjourn, Ms. Doyle seconded and the vote was unanimous. ______________________________________ Mayor Jason Buelterman ___________________________ Vivian O. Woods, Clerk of Council Page 18 of 18