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HomeMy Public PortalAbout20070927CCMinutes20070927 City Council Minutes Mayor Buelterman called the Consent Agenda Meeting to order at 6:30 p.m. Present in addition to the Mayor were Council members; Sessions, Crone, Pearce, Williams, Doyle and Wolff. Also attending were City Manager Schleicher and City Attorney Hughes. Mayor Buelterman listed the Consent Agenda Items as: Savannah Striders Marathon, Half Marathon and 5 K on February 1, 2008. Approval of Dot list for Speed limits-reducing the speed limit on Butler Avenue to 30mph between 3rd and 14th Streets. Change Order for BRW Group, LLC-#1 Sewer Repair 2005-2007 Butler Ave. $16,290. City Council Minutes for August 23, 2007 One Day Alcohol Permit for Tybee Arts Association-November 4th at the Gym Pony Rides for Children during Tybee’s Birthday Celebration-October 20th. Mr. Hughes said regarding the DOT list; what they sent to us does not reflect the speed limit change on Campbell Avenue. He said this has to do with the ability to monitor speeds using radar. He said the list they sent us can’t be changed without starting the process over again; and it will take another six months. He suggested we sign what they sent and initiate a new application to have it corrected with regards to Campbell Avenue. Mayor Buelterman announced the quit claim petition for Samuel Adams has been tabled until the next meeting. Ms. Williams asked Mayor Buelterman about his progress on getting CoastFest to consider relocating the event to Tybee every other year. Mayor Buelterman said he had people express concern over our ability to handle such an event. He said when he contacted the Department of Natural Resources; they said they would like Tybee to get involved by having the Marine Science Center and others go down there and be represented at this event. He said he wants to get input from Staff to make sure we can handle such an event. Ms. Williams said if we can handle the Beach Bum Parade and Pirates Fest, we can handle a coast week event. Ms. Doyle asked if the Coast Fest is held on the same week every year. She said the first weekend in October is Pirates Fest on Tybee. Page 1 of 31 Ms. Williams said it is held in October but she is not sure it is on the same weekend every year. Mayor Buelterman asked Ms. Schleicher to get input from all parties and bring it back to council. Mayor Buelterman asked that everyone please speak into their microphones tonight. Mr. Wolff moved to go into Executive Session to discuss Litigation and potential Real Estate Acquisition, Mr. Pearce seconded, and the vote was unanimous. Ms. Doyle moved to end Executive Session, Mr. Wolff seconded and the vote was unanimous. Mayor Buelterman called the Regular Meeting of City Council to order at 7:00 p.m. City Officials present at the Consent Agenda were still in attendance. Reverend Eddie Atkins representing the All Saints Episcopal Church gave the Invocation and everyone recited the Pledge of Allegiance to the Flag. Mr. Sam Adams gave an Audit Committee update. He said three years ago the city contracted with Mauldin and Jenkins to conduct our audit. He said overall the committee has been satisfied with their audit performance. He said the committee has been anticipating an increase in the annual audit cost based on the new requirements of the statements of accounting standards 104 through 111. He said they have tentatively agreed to have Mauldin and Jenkins conduct the audits for 2007 and 2008 with a cost increase of only $1,000 and at the most our cost will increase by less than 5%. He said Mr. Redmond along with the committee is recommending approval of Mauldin and Jenkins. He said after the next two years audits are completed the city will send out RFP’s as recommended every 5 years. Mr. Wolff thanked the Audit Committee members for taking on the task along with former CFO Jan Fox, to clean up the city’s audits and bring them to where they are today. He said our audits have gone from being horrendous to squeaky clean and it’s largely due to this committee’s hard work. Mr. Gene Kindrick, Commander of Legion Post #154 on Tybee said he is also the 1st District Commander for the State of Georgia. He said the 1st district requested that he come before council and request to erect a memorial at the end of highway 80 in front of Seven Flags. He said DOT has agreed to remove the small green sign that says the end of Hwy 80. He said at the end of every war it is the responsibility of the veterans of the previous war to honor the veterans that are Page 2 of 31 coming home. He said after the Korean War it was not immediately declared a war and was considered a conflict. He said the declaration stating that was a war did not come about until the late 80’s so nothing was done by the WWII Veterans. He said when the WWII Veterans Memorial was erected in Washington, DC the WWII Veterans felt that they should do something for the Korean War Veterans. He said they went to congress and received permission to dedicate US Hwy 80 from coast to coast to the Korean War Veterans and name it the Korean War Veterans Memorial Highway. He said there are certain states where parts of this highway are dedicated to other people and this will not supercede those dedications. He said there will be a memorial at the crossing of each state line and a big memorial in San Diego at the other end of 80. He said their request is for a 5 foot by 5 foot monument at the end of US 80. He said it would read “End of US 80 Korean War Veterans Memorial Highway, Dedicated this date 2008, by the Citizens of Georgia, Tybee Island, and a Grateful Nation”. He said underneath it will have a base plate that says The American legion Department of Georgia. Ms. Williams asked about the possibility of listing local Korean War Veterans on the back of the monument. Mr. Kindrick said the local Legion will do a dedication on the back of the memorial and list the names of all Tybee residents who served in the Korean War. He said they would also indicate with a star, those who fell during the conflict. Mr. Kindrick said when this memorial came up the WWII Veterans were trying to figure out where they could get the money for it. He said they went to South Korea and asked for help building the memorials. He said there will be three in Georgia alone. He said South Korea wrote them a check for $500,000 and said if you need more come back and see us. Ms. Mary Ann Street announced the YMCA Haunted House that will be on October 26th. She said between 5:00 and 7:00pm there will be their normal Pumpkin Patch with hay rides and hot dogs for free. She said the City Hall Auditorium will be a gentle Halloween for little little kids from 7:30 to 8:30 and will consist of “Happy Ghosts”. She said the cost will be $2.50 and they will have cider and popcorn at the old school afterwards. She said the old school haunted house will be for adolescents and adults and will cost $5.00 but you can go through it more than once. She said they will also have a little shop in the cafeteria where you can buy gummy eyeballs and French fried fingers and will include a movie being shown continuously to entertain the younger children while their siblings are going through the scary house. Ms. Susan Off responded to council concerning the comments about member participation at the Ethics Committee meetings that were made at the September 13th Council meeting. She said as the audit committee representative to the Page 3 of 31 ethics committee she attended all but one of the meetings and actively participated in forming the ethics ordinance that council unanimously approved on May 24th. She said the minutes will verify that committee meetings were held with active participation, spirited discussion and voting on each section to be included in their final draft. She said she has no knowledge of controversy or ill will or disregard for individual work. She said from the onset they implored City Attorney Hughes to take their final product and review, edit and structure with legal jargon as to comply with City, State and Federal law. She said she never thought that what she and the committee wrote would be inserted into the code verbatim. She said as they submitted the final draft ordinance to Bubba they acquiesced to his professional experience and opinion. She said on the night the ethics ordinance was unanimously passed she sat in the audience with fellow committee members; Carolyn Smith, Fretwell Crider, Randi Bryan, Ann Miller and Roma Harper as they collectively showed their support for that ordinance. She said she knows of no other committee actions since that date. She said not much has changed from the ordinance that was presented during that meeting and the ordinance before council tonight. She said her understanding is the revised ordinance corrects grammar, spelling and omission errors. She said she is baffled that members of council would vote against such minor housekeeping changes to the original document that was unanimously approved. She said she had the pleasure to work with professional, hard working and respectful individuals and to diminish the committee’s work in public and tarnish its reputation with unsubstantiated, one-sided, after the fact innuendo, minimizes the accomplishment of the committee. She said in the future should council take exception to individual appointees or committees as a whole; she recommends a process be established such as speaking to the council liaison, speaking to the committee as a whole and reviewing minutes before going public. She said let us focus on the positive, a group of council appointed individuals; many of whom were strangers to one another came together with divergent backgrounds and collectively accomplished with countless hours of volunteer work a monumental task; the formulation of the Tybee Island Ethics Ordinance. She presented a copy of her response to the City Clerk for the record. Mayor Buelterman thanked Ms. Off and the Committee for all of their hard work. Captain Jack Calico and Friends invited everyone to the Tybee Island Pirates Festival on October 5th and 6th. Mr. DeVivo thanked Council for their support of the Pirates Festival. Mr. Edwin Longwater told council he has 3 Chocolate labs and is a lifelong resident of Tybee. He said he understands that the city council recently amended the animal control ordinance to separate dogs on the beach from dogs at large and reducing the fines from $200 to $20 for the 1st or 2nd offense within the last 5 years. He said the Honorable Judges decisions do not always reflect the spirit Page 4 of 31 of the law. He said the law reads a minimum fine of $20 to a maximum fine of $1,000. He said he thinks there is too much latitude there. He said his two 5 month old puppies were apprehended in his front yard on September of 04 and he paid the fine of $134. He said this year in July he went to a party in town and his three dogs escaped to roam in his front yard again. He said Officer Hagan came and tried to let his dogs back into his home but could not and ended up taking them to the police station. He said when he arrived home he immediately called the Police and were told that they had the dogs. He said when he went to pick them up he thanked Officer Hagan for picking up his dogs. He said he missed the court date of August 28th due to missing his plane and received a letter from the city two days later. He said the letter said he had been fined $100 per dog and $150 for contempt. He said he felt the fines were excessive. He said he went to the Police Station and they rescheduled his court date. He said the judge dropped the contempt of court charge but charged him $2.00 per dog plus court cost which came to $820 instead of $450 original fines. He said the judge said he was lucky and he felt he was because he could have been fined $1,000 per dog plus court cost, which would have amounted to over $4,000 for his dogs sitting on his front steps. He said the fine does not fit the crime. He said he wanted to talk about dogs at large that do not involve attacks on humans. He requested council change the penalty to a schedule of fines with the 1st conviction being $20 and the 2nd $50 with the third having a cap of $100. He also requested that an off leash dog park be established on the beach at the end of Chatham Avenue south of 18th Street. He recommended everyone drive over to Charleston and visit the dog park at James Island. He requested leashed dogs be allowed on the beach during the season from 6:00am to 8:00am and in the evenings from 7:00pm to 9:00pm with the off season being 24 hours excluding the area on North Beach where the birds are nesting. Ms. Doyle asked for clarification of where the dogs were when they were picked up. Mr. Longwater said the police report stated they were in front of his house. Mr. Longwater responded to the copied police reports that were given to council in their packets. He said on December 18, 2006 he was not charged with anything and he fixed his gate. He said on January 15, 2007 he was not charged with anything because he ended up building a steel fence so that his dogs and his neighbors dogs cannot see each other. He said on April 4, 2007 the charges against his dogs were dismissed because it wasn’t his dogs. He said they have been convicted twice and he has pleaded guilty both times. Ms. Schleicher said there has been multiple times that Mr. Longwater simply received warnings so his encounters with the Police Department have not been completely negative. Mayor Buelterman extended sympathy to the Sheehan family. Page 5 of 31 Mayor Buelterman opened the public hearings. He said the first zoning variance for 1811 and 1813 Butler has been withdrawn. Mr. Hughes said the petitioner modified his plan and brought it to conform to the ordinance. Mayor Buelterman opened the public hearing for the shore protection variance request for 21 Pulaski Street by Lou kietzman. Ms. Allen reminded both petitioners that City Council approval is not a permit. She said they will still have to come through the permitting process if the petitions are approved by council. Ms. Allen introduced the first petition and said the petitioner is Lou Kietzman and the property is 21 Pulaski Street. She said he is requesting a variance from the Shore Protection Line. She said Planning Commission recommended denial of this petition. Mr. Harold Yellin representing Mr. Kietzman introduced Mike Demil and Craig Jacobs, Scientist with Environmental Services, Jeff Cramer, Architect with Diversified Design, Whitley Reynolds, Surveyor with Whitley Reynolds Surveying and Dr. Stuart Stevens, Environmental Consultant with many years experience with DNR and particularly at Tybee. He said they were all available to answer any questions anyone may have. Mr. Yellin referenced the exhibits being shown are numbered to correspond to a notebook given to Mr. Hughes. Mr. Yellin said the only matter before Council tonight is a variance to Tybee’s Shore Protection Ordinance. He said they do not believe they need a variance. He said the original ordinance was enacted in 2001 and read that the shoreline went from structure to structure. He said subsequently someone used a gazebo as that structure and Tybee amended the ordinance in 2005 to read dwelling. He said the definition of dwelling from the ordinance is any building or part thereof, primarily used and occupied for human habitation or intended to be so used. He said the battery has been owned by private hands since 1946. He showed the 1946 deed from the US Government to Tybee dated January of 1946. He said Tybee decided in turn that it did not want the property. He said it deeded the property in February 1946 to the Ft. Screven Development Company. He said the deeds appear as A-3 and A-4 in the notebook. He said in 1971 the property was purchased by Mr. Tuten who built a 4 bedroom, 3 bath house there and Mr. Tuten and his wife raised 4 children at this site. He said during the seven years Mr. Tuten lived there, he improved the fort by adding a number 4 bar on 12 inch centers. He said Mr. Tuten poured concrete 5 inches thick to stabilize his house. He showed several pictures of the house on the battery and said this house was Page 6 of 31 destroyed by fire in 1978 and was never rebuilt. He said it is still located in the R-1 district and there has never been a petition to rezone this property. He said Water, Sewer and Electricity are all currently available to the site and stubbed in. He said this building or structure was used and occupied for human habitation and is intended to be so used by the petitioner. He said exhibit A-6 in his notebook shows that the Tybee shore protection line should include this battery by going dwelling to dwelling or this ordinance is ambiguous. He said there is no doubt Tybee will amend this ordinance when this petition is done. He quoted Georgia Law in the JWIC verses City of Sylvester and said zoning ordinances need to be strictly construed. He said they are construed always in favor of the property owner and not construed in favor of the municipality. Any ambiguity in the ordinance is resolved in favor of free use of the property. He said not only is this ordinance ambiguous because of the definition of dwelling but is also ambiguous because there is no guidance on how to determine your line. He said the ordinance is one paragraph and says that the Tybee line will be based upon dwellings. He said does this line go lot to lot or have a minimum or maximum distance and said he has no idea. He said they are seeking a variance without any prejudice that we may have to our position that in fact no variance is required at all. He said if this ordinance does apply and this property is not counted as a dwelling should a variance be granted. He said the answer is absolutely and positively yes. He said it is his understanding that Tybee is the only municipality that has their own shore line protection in Georgia. He said there are unusual consequences for your ordinance and we know that by looking at the petitions that have been before you in the past such as Bobby Chu last year and this petition where the end result is a line that takes on the shape of a deep V which is a most unusual shore protection line. He said Tybee’s ordinance says a variance may be granted pursuant to section 5-090 and in fact variances have been granted. He said he is aware of nine that have been granted since the ordinance was enacted. He said 5-090 does permit a variance where there are unique physical circumstances or conditions beyond those of surrounding properties and because of such unique physical circumstances the property cannot be developed in strict conformity to the code without undue hardship to the property. He said there is no question that Battery Backus is unique. He said it is not like surrounding properties and without the variance there will be undo hardship and the property will not be able to be used for anything. He said a variance is appropriate because a residence at this property does not negatively impact your dunes. He said there is nothing about this line that protects the shore. He said Pulaski Street runs through the middle of your shore protection line and if you are serious about dune protection and you believe the shore protection line protects your dunes, you need to close the street allowing no more cars or delivery trucks. He said their proposal will improve dune protection and shore protection at Tybee. Page 7 of 31 Mr. Yellin said there were a number of comments made during the previous meetings that led them to change their illustrations. He said they increased the distance between the houses. He said they used to be 20 feet apart and now they are 33 feet apart. He said they did that because there is a gun turret and by increasing the distance they could allow that portion of the battery to be obvious and conspicuous and a part of our rehabilitation. He said one speaker candidly stated he would rather see the battery destroyed than have them put a house on top of it. He said they respectfully disagree and believe the adaptive use is equal to or better than the current uses of batteries. He showed maps of Battery Garland, Battery Brumby, Battery Backus and Battery Gant. He said Battery Garland is currently a Museum; between Battery Garland and Battery Brumby is a restaurant. He said it is his understanding that this restaurant sits very neatly and is a part of the battery system and pays rent to the City of Tybee. Mayor Buelterman asked if the restaurant was a part of the parking lot. Mr. Yellin responded that the walls of the batteries form a portion of the restaurant. Mayor Buelterman clarified that the restaurant sits outside of the battery walls and is a part of the parking lot. Mr. Wolff said the battery does not touch the restaurant. Mr. Yellin showed pictures of the social Club on top of Battery Brumby and pointed out air conditioning units and 5 trashcans and said this clearly indicates a commercial use. Ms. Williams pointed out that the club is a non profit and not a commercial club. Mr. Yellin said he agrees it is a non profit club but the use is commercial and not residential. He showed a picture of the retaining wall that extends from Battery Brumby to a residence that is built at the end and said it was a part of the same battery system. He showed a picture of the house on Battery Fenwick as well as the house on Battery Gant. He showed a picture showing the 5 houses built between Battery Backus and Battery Gant that were originally the latrines for Ft. Screven. He said the common factor in all of these is that they are a part of the battery system; they are all adaptive uses of existing batteries; they are all considered habitable structures according to the Tybee ordinance. He said of the nine petitions that have been granted variances all of them requested being closer to the dunes. He said in the case before council their only request is for a vertical expansion and they will not be any closer to the dunes than they are today. He said the petition is about shore protection and not about whether a house should be built over a battery. He said if they don’t want a house over the battery there is a remedy and they should do exactly what they are capable of doing which is condemn it or buy it. Mayor Buelterman asked if the petitioner needed to bring heavy equipment in over the dunes to accomplish the request. Mr. Yellin said they will not need to do anything to disrupt the dunes. He said there will be demolition involved but it will not harm, interfere or impair the dune system on Tybee. Mayor Buelterman asked about impact to nearby structures. Mr. Yellin said he had spoken with Mr. Arnold that was involved with the News Press building on Page 8 of 31 Bay Street and the Ellis Square Parking Lot. He said Mr. Arnold will be involved in their demolition. He said Mr. Arnold said this is a simple project and they have seismic meters to make sure they do not exceed seismic meters. He said there will not be disruption to the neighborhood. He said the city is welcome to participate in the process. Ms. Williams asked Mr. Yellin to clarify the dates of the shore protection variances that were granted by council. Mr. Hughes said four of the nine were dune crossover structures. Mr. Yellin gave the variance dates as; December 13, 2001-Dune Crossover, September 12, 2002-Construction of new home beyond jurisdiction line, January 9, 2003-Addition of deck to second floor of dwelling, January 8, 2004-Dune Crossover, September 9, 2004-Prepare site plan for new construction, March 10, 2005-Dune Crossover, April 14, 2005-32 foot encroachment for support pier for porch, December 8, 2005-Dune Crossover, February 8, 2007-New Construction. Ms. Williams said there has actually been only one since this council has been in office. Ms. Williams asked if the work on Ellis Square was halted for a time due to damage to surrounding buildings. Mr. Yellin said yes that was true but it dealt more with the actual digging of the hole than the demolition. Mr. Mike Demil, President of Environmental Services, which is a private consulting firm, said he has worked with these issues since 1992. He said the pictures he shows tonight will be to clarify the issue of dune protection. He said there will be no effect to the dune or sand sharing system. Ms. Sessions asked Mr. Demil to provide the correlation of the deepening of the Savannah River and the fact that it is a vertical project and has a great impact on sand in the channel and his claim that this vertical project will not have an impact on the sand. Mr. Demil said he will show photos that show how the dune system has grown over the years. He said if council’s objective is to protect the dune system he will demonstrate that what they are proposing will not effect what is there today. He said in fact this system is growing. He said this council may need to look into the deepening of the channel further but he is not the person to explain that to them. Mr. Demil showed a 1938 aerial photograph and it attempts to show the location of the dune line but in this case there was a hard structure. He said the distance between the battery and the hardened structure is approximately 53 feet. He showed a 1960 aerial photograph and said it shows the distance as up to 73 feet. He showed an aerial photo from 1997 that shows approximately 159 feet of dune vegetation away from the front of the battery. He showed a 2004 photo and said it showed approximately 234 feet. He presented a new slide that shows approximately 278 feet of dune vegetation. He said in 7 years it shows 5 times Page 9 of 31 the linear distance from the front of the battery to the high water mark. He described a concrete slab in front of the battery wall that will keep the integrity of the dune in place. He said the elevations on the West end of the structure are at 15, 16 or 17 ft. depending on where you are. He said at the west end of this property there will be a retaining wall constructed because the existing wall is falling away and the new wall will be built before the vertical construction is done and will protect the integrity of the dune. He said if you look at any type of coastal geology you will see that the dune system actually goes throughout Chatham County and into the other counties westward of where we are. He said from a practical matter this is part of the dune but from historic matter this is sand that may have come from the ocean that is part of a dune. He said in his opinion it is not part of the dune sharing system. He said it is not the type of system that has any sand sharing capability with this property. He said if the objective is to truly protect the sand sharing system then the parking lot may be against what the ordinance is trying to say. He said if anyone has evidence that this proposed project will negatively impact the sand sharing system then we could help with that dialog. He said they have not been able to figure out what the negative effects of this project could be. Ms. Sessions said in the report given to council it mentions several times that they don’t warrant or guarantee that the site is free from environmental defects. She said several times Mr. Demil mentioned that the project was completely safe and there would be no problems with disrupting the sand. She asked Mr. Demil if he guaranteed there would be no problems. Mr. Demil said he would not be in business today if he could guarantee that. Mayor Buelterman asked what safeguards are in place if a problem occurs with the neighbor’s property. Mr. Demil said he is an environmental consultant and not a construction guy. Mr. Yellin said at a previous meeting Mr. Michael Sikes with Saussey Engineering left this letter saying this site requires demolition prior to new construction, monitored continuously with seismographic type instruments to monitor demolition vibration. Mr. Yellin said if we do cause problems he is sure the neighbors will contact the city of Tybee and we will stop what we are doing. He said they are not coming to this site to do any harm to anyone to the left or right or to the dunes. He said the contractors will be bonded and insured and if there is a specific requirement the city would like to impose please tell us and we will communicate it to our contractor. Dr. Stewart Stevens said he has spent many hours in this room working with City Council. He said he retired from state government with 27 years with the DNR, managing the states sand sharing system. He said he does consulting now but rarely does he get involved with government issues. He said this project caught his attention because he didn’t understand why it was an issue to start with. Dr. Stevens said he wrote the comprehensive revision in 1992, to the shore Page 10 of 31 protection act and therefore understands the intent of it. He said he encouraged Tybee to initially set up the Beach Task Force years ago and it is the only one of its kind in Georgia. He said in the state law there are very specific guidelines to follow if you want to build a house or do an engineering activity like groins or beach renourishment. He said the dwelling has to occupy the landward portion of the parcel and a third of the parcel has to be left in a natural vegetative topographic state. He said the house has to be built to hurricane resistant standards in construction. He said in permits it is a common requirement that if you go beyond the dunes during construction you have to restore the dunes. He said in talking to the contractors they will be able to build this project from the landward side but even if they go into the dune the state permit will require that they restore whatever damage they cause. He said when the state staff evaluates the site they have an extensive list of things that are available to them. He said there is historic information of rates of erosion and accretion along with cutting edge technology that might predict how the project could impact any aspect of the sand sharing system. He said it is state law that the local jurisdiction has to give approval before an application to the state can be submitted. He said this all comes down to the movement of a particle of sand. He said in this instance the sand is not moving because there is a structure that is already there. Dr. Stevens responded to Ms. Sessions’s earlier question about the vertical development and its effect on sand. He said vertical can go up and down and when you dig down as the harbor is done sand moves north and south and falls into the channel. He said that is different from what we are talking about here because this is going up. Dr. Stevens said in looking at Tybee’s code it is clear that it is a no build code. He said the state law is not a no-build line. He said it simply says if you cross that line you have to meet certain standards and if you meet those standards you get a permit. Dr. Stevens said he believes this case fits Tybee’s variance requirements. He said with his 35 years of experience he can’t imagine how this project could impact the sand. Ms. Doyle asked how the DNR established the line and why the Tybee jurisdiction line on this particular one is the same line. Dr. Stevens said the DNR can go from a structure on site that was there to a live native tree 20 feet tall to establish their line. He said the law was passed July 1, 1979 and anything prior to that was grandfathered. He said the DNR found out what structures were there prior to the adoption date and also looked for trees. He said they moved parallel along the beach looking for houses and trees to see where they might draw the line. He said in this case there were no trees 20 feet tall so they had to Page 11 of 31 use the structures. He said the Tybee ordinance says don’t use trees and they give the definition of a dwelling which is a contradiction to the state law because a structure is any kind of structure. Mr. Pearce said City Council has acknowledged that they need to revise the ordinance and it is currently being discussed. He said they tried in a local ordinance which he introduced to follow the structures as the state law said but they eliminated the trees at Dr. Stevens suggestion, because some of the trees are right on the beach. He said the ordinance is stuck in the Planning Commission but once this is resolved and they pass it this problem may disappear. Dr. Stevens said he applauds Tybee for moving forward with a revision and said they need to clarify some things to avoid issues like this in the future. He said in this particular case this is not impacting the sand sharing system. Mayor Pro Tem Sessions said she recalls back in 2000 when Dr. Stevens was working with the DNR and told Tybee they needed to take more ownership of their codes because the DNR was not really interested in getting a lot of law suits from neighbors who didn’t like what they were continually approving. She asked Dr. Stevens if he would be completely comfortable with the demolition around the sand dunes and saying go for it. Dr. Stevens said if someone comes in and wants to add an additional floor on a condominium or hotel on the beach that does not impact the sand sharing system development. He said the concrete and how you tear down the walls can be an issue. He said you could add conditions as simple as requiring the applicant to put up a construction fence that consist of a chain link fence with a filter fabric barrier and no one goes beyond that fence; to insure that the dune is protected. He said you can tighten up the conditions on the permit to protect the dunes. Mayor Pro Tem Sessions asked if the state had put something in force to make dock builders and marine builders have liability insurance. Dr. Stevens said no. Mr. Yellin said they should focus on the request for a variance to the shore protection act. He said they feel they do qualify for a variance. Ms. Williams asked for date clarification of a conversation that took place between Mr. kietzman and City Marshal, Chuck Bargeron and if it preceded the purchase of the property and exactly what was discussed. Mr. Yellin said he and Mr. Kietzman met with Mr. Hughes, Mr. Bargeron, Mr. Cramer and Mr. Solomon at the site in June after the purchase of the property. He said during the conversation there were two primary issues; one being where is the Tybee line. He said there is a dwelling on the west and a dwelling on the east and if they drew the line from dwelling to dwelling the battery would not be within the jurisdiction line. He said it was possibly a mistake that they drew it the same way. He said the other issue discussed was whether or not this was one lot or Page 12 of 31 two and he subsequently drew up a letter asking Mr. Hughes opinion. Mr. Yellin said at the Planning Commission meeting Mr. Hughes stated for the record this was two lots and not one. Mr. Hughes said it is actually two lots along with a small sliver. Mr. Yellin said the other issue discussed was the height and if they would need a variance if they built on this property. He said because of the slope they asked if it would be measured from Pulaski Street or the natural grade. He said Mr. Hughes was of the opinion that the grade should begin at Pulaski. He said they believe they can build a house using Pulaski Street as the grade within the 35 foot height restriction. Mr. Hughes said those issues were discussed but no decisions were made. He said they all knew the issue of whether or not a variance would be required under the shore protection line. He said there was also the height issue and questions regarding lateral support for two separate owners with one foundation. He said he received the letter which he did not sign and Mr. Yellin came up with the dwelling theory which he disagreed with also and they have been going through the discussions ever since. Mr. Yellin said he agrees with everything Mr. Hughes said and reasonable people often disagree and he finds Mr. Hughes to be very reasonable. Mr. Yellin said they do disagree about the definition of dwelling and as to if they need to be here at all. Ms. Williams asked if Mr. kietzman had a conversation with Mr. Bargeron before purchasing this property. Mr. Yellin said to his knowledge no. He said they felt the issue would be whether or not this was one or two pieces of property. He said the fact that they are going vertical instead of horizontal lead them to believe that shore protection would not be the primary issue. Mayor Pro Tem Sessions said even though Mr. Yellin has requested that council only consider the shore protection aspect of this project; he has in the basic project details addressed the history of the bunker in detail along with tentative plans on the two houses. She said he addressed in great detail the environmental assessment. She said it makes it extremely difficult for them to simply look at the shore protection issue when the petitioner has brought all of the other issues into the mix. Mr. Yellin said they did not mean to present other issues but the report prepared by Michael Demil’s group is actually a part of the permit application to the state and they thought council would like to see it. Ms. Schleicher asked why the DNR line went across the street and back again instead of structure to structure in this case. Dr. Stevens said that was a DNR staff decision and he questioned that as well. He said in the years he spent at DNR he would not have gone to the back side of Pulaski Street. He said he has already asked to meet with DNR staff to ask why they drew the line this way instead of from structure to structure on the east and west. He said he thinks it was an error. Ms. Williams asked if Mr. Yellin has contacted the DNR staff to ask why the line was drawn that way. Dr. Stevens said he did contact Ms. Thran with the DNR and asked what their intentions were and what they thought of this Page 13 of 31 project. He said she told him they will get a permit for this project from the state so where the line falls really does not make any difference to the shore protection act process with the state. Mr. Hughes clarified that the meeting between Mr. Bargeron, Mr. Hughes and Mr. Kietzman occurred in early June after Mr. Kietzman closed on his property on April 30, 2007. He said Mr. kietzman had conversations with Mr. Bargeron about the issues before then. He said the application that he is here for was filed at the end of May before the meeting at the property in June. He said someone told Mr. Kietzman along the way that there was a shore protection issue involved. Mr. Hughes said they have had several plans presented that dealt with portions of the bunker to be restored, damaged slab to be removed and a set dated August 9th. He said there is a restoration, demolition plan from June 18th. He said Mr. Demils report refers to a set from June 5th. He said the permit set is what they are referring to and it is a reduced size copy that looks as if it is dated January something of 2007. He said it is important that this council knows when this vote is taken as to how much variance there is and which set of demolition plans are involved. Mr. Yellin said he will get the date but he is sure it would be the latest plans because they have been changing it based on comments. He said originally they were 20 feet apart and they moved it to 30 feet to preserve the gun turret in the middle. He said the demolition will include the primary bunker and the platform on top along with the retaining wall on the Northwest corner. He said a retaining wall is added to reinforce it as recommended by their engineer. Mr. Yellin said he will make sure that they are all looking at the same set of plans before he leaves tonight but none of the plans involve expanding the footprint of what is presently there. Mr. Hughes asked if the outermost piece of the structure will be removed and replaced. Mr. Yellin said yes. Ms. Williams asked if they had received any report from an engineer regarding the stability of the bunker. Mr. Yellin said there is a letter from Mr. Sikes that said there are areas that need to be removed because they are in terrible shape. He said the alternative is they leave it like it is and it continues to deteriorate and who knows what will happen in the next 5 to 20 years. He said no matter what this becomes, steps must be taken to stabilize it. He said whatever they do they intend to use the best science to protect the neighborhood not create additional problems. He asked that council tell them what they need to do and they will do it. Mr. Cullen Chambers asked if prior to the purchase of this property; did Mr. Kietzman and or his attorney through their due diligence have any idea, concept or knowledge of litigation and action on Tybee dealing with the issues of shore protection lines that would have given Mr. Kietzman an indication that he might need some specific determined lines of delineation regarding the purchase and the ability to develop this property. Mr. Yellin said Mr. Kietzman said at the time Page 14 of 31 he purchased the property he was not aware that there were all of these issues that needed to be faced. He said at the initial meeting concerning the property, Mr. Kietzman’s concern was whether he could place one house or two on this property. Mr. Chambers asked if the litigation between Mr. Chu and the city over the shore line was in process when Mr. Kietzman bought this property. Mr. Hughes answered yes. Mr. Chambers asked if Mr. Kietzman contacted Mr. Chu’s attorney to ask if his property would be as problematic as Mr. Chu’s was. Mr. Chambers said Mr. Kietzman purchased the property without doing due diligence to determine that there wouldn’t be any complications in developing this property to what he perceived to be the fullest potential. Mr. Yellin said if you look at Battery Brumby and Battery Gant there is nothing that would make you assume you couldn’t do the same thing with Battery Backus. He said in a perfect world we would all do extensive due diligence but in this case Mr. Kietzman looked at the neighborhood and assumed that the battery could be developed as a residence which it had formally been in the 70’s. Mr. Chambers said all of the modifications to the existing batteries do not apply because they were developed prior to Tybee’s Shore Protection Act. He said Mr. Yellin is determining the dwelling of battery backus based on the fact that there is water and electricity there. He said battery garland also has water and sewer along with a bathroom but it is a museum and not a dwelling. He said rational people looking at Backus and seeing it in the state of ruin that its in and realizing there has not been a residence there for well over 30 years would say; that being the case what is the existing law and what are the existing ordinances and what are my property rights within those ordinances where I would not violate the intent of the ordinance nor interfere with the property rights of my neighbors, my community, my island. He said he was the person speaking as a representative of the Tybee Island Historical Society speaking pro bono historic preservation advisor to the City that he would rather see battery Backus destroyed than bastardized by what is on the illustration presented to council. He said he stands by that comment because at that time there was no mention of the plan being for illustrative purposes only. He said his comment was based on them completely destroying the historical content and integrity of battery Backus and there is no reason to keep it if you do that and you might as well tear it down. Mr. Chambers said they have been well informed regarding the impact to the dunes but no one has answered the structural integrity question. He gave the three examples of Cape Hetaeras, Morris Island Light House and the Cockspur Island Lighthouse. He said all three are built on wood pilings like many Endicott period batteries. He said over time exposure to the atmosphere has introduced micro organisms into the wooden elements which are the structural supports and undermined the integrity. He said he believes no one can tell us if battery Backus is built on wooden pilings or not. He said many of the earlier batteries were and battery Backus is an earlier one. He said it would be good to know if that battery is structurally sufficient to support any additional load on top of it. He asked Mr. Page 15 of 31 Cramer what kind of dead load calculation has been done on the battery to show it is capable of supporting additions to it. He asked Mr. Kietzman’s consultants what kind of testing they’ve done to determine what kind of foundation that battery is on and whether is can withstand additional construction. He asked Dr. Stevens if he would recommend the construction of a coastal structure that might not be structurally sound and if in fact that might not cause future degradation to the dune system. He also asked Dr. Stevens to comment on the concept of vertical erosion because the structural integrity of Cockspur, Morris and Hetaeras compounded with the microorganisms’ deterioration of the wood structures were worsened by what was called vertical erosion. Mr. Tom Sullivan said with all due respect to Mr. Chambers the serious issues he is addressing are not the issues before council tonight. He said the reason Mr. Kietzman is here tonight is because three councils ago they wrote an ordinance where they should of taken the DNR code and said ditto but they tried to make it more restrictive. He said there is nothing wrong with the City of Tybee trying to be more restrictive than the state or federal government. He said this ordinance is very ambiguous. He said Mr. Kietzman is asking council if the Tybee jurisdiction line makes sense in this case and it does not. He said all the voters on Tybee should watch this because it is a very serious issue. He said if council decides that Tybee should be more restrictive than the federal government, we can all live with that. He said in the forum last night every candidate said we need to strike a balance between the rights of property owners and the serious issues that effect the environment. He said this is a perfect case for that. He said does the Tybee jurisdictional line make sense in this case where the line goes across Pulaski Street and into someone’s living room and back across the street again. He said this is an opportunity for the city to come in and take someone’s property; which is flat out not right. He said one candidate mentioned common sense and this is just a common sense decision. He implored council to think about just the issue before them. Mr. Ed Cawley said he has abbreviated his 18 minute presentation and said if anyone wishes to see his full presentation to review the previous council meetings and Planning Commission meetings where this petition was heard. He asked council to remember the pictures showing sand accretion from 1979 on were due to beach renourishment and not the natural action of waves and sand. He asked City Council to deny this request. He said this request has too many unanswered questions. He asked how much of the Battery will be demolished; can the proposed remaining portions of the battery stand alone; how will the demolition affect the sand dune system; how will the demolition affect the neighbors property and will Fort Screven lose its National Historic District designation? He asked where the architectural drawings are that show the actual footprint of the proposed town homes and how much of the battery will be demolished. He said the concept drawing submitted by Mr. Yellin shows Page 16 of 31 driveways on both sides of the steps. He said behind these steps is steel reinforced concrete making it almost impossible to make a garage within this space without completely destroying this portion of the battery. He said this is just a shore line protection variance that could give a green light to other developers to tear down the Fort Screven Gun Batteries, thereby destroying Tybee’s unique history to make a dollar. He asked where the detailed engineering study determining that the proposed removal would not undermine the remaining portions was. He asked where the detailed analysis was to determine the long term affect on the sand dune if major portions of the battery are demolished. He said this is just a shoreline protection variance that could result in storm surges or just very high tides damaging the homes of nearby property owners after the integrity of this 110 year old concrete battery is compromised. He asked where the risk management appraisal was regarding the effect on the adjacent and nearby homes and corresponding loss protection program. He said this is just a shore line protection variance that could damage nearby homes including his across the street. He said will allowing this portion of the battery to be demolished be the final straw that will cause the loss of the Fort Screven National Historic District designation and thereby negatively affecting the values of every other piece of property currently within the 200 acre tract of land that was part of the original 1982 designation. He said preserving the existing sand dune system and protecting the property rights of adjacent and nearby property owners and everyone else in Fort Screven and preserving Tybee’s unique history outweighs the construction of two more town homes on the beach. He said in 100 years we will all be dead; what kind of legacy will we leave. He said he would like to leave as much of the fort as possible. Mr. Jamie Maury an adjoining property owner to the West said he has been here for 18 years. He said he echoes Mr. Chambers and Mr. Cawley’s comments and appreciates the research they have done. He said initially when he heard the battery had sold he was glad because he felt they would put a house on it and there would be no people coming and camping and littering the property. He said when he previewed the plans and saw the initial three town homes that were proposed he became very upset. He said when he realized they were going to demolish part of the battery which is right next to his property he became more concerned. He said he doesn’t know if it has been determined whether it is one lot or two. He said when Mr. Snider went to the courthouse he understood that those two lots were designed as the lot of record and one lot in order for the Tuten’s to build their house. He said density and parking in that area is already pretty bad. He said he is concerned about the demolition and the fact that they have no plans from the Corps showing how that battery was constructed. He said the only reason the one section of the battery is fallen is because of the attempt to dynamite it down 30 years ago. He said he will be upset if this is allowed and does damage to his house. He said he would like a Page 17 of 31 fence that goes North and South along his property line so that the construction equipment will not damage his soil. He said he has nice vegetation and doesn’t want it torn up. Mr. Henry Levy said he is a resident, an Architect and a Planner. He said he has served on the Tybee Planning Commission as Chairman and the Savannah Planning Commission as Chairman. He said there is a great line in the Jaycee Creed that says Government should be of laws rather than of Men. He said this is a perfect example of when laws fail to define what they mean and it becomes a government of men. He said this shows how ridiculous our zoning laws are and they contradict each other in many cases and are not fulfilling and do not follow standards. He said this law is one of the most ridiculous laws we have. He said taking the Chu property for instance if you had followed that line from dwelling to dwelling where the blank lot is you would have crossed Butler Avenue. He said if you really want to protect the dunes you need to vacate Pulaski Street if it’s in the line. He said you shouldn’t have the Shrine Club or the North Beach Grill and the worse violation is the North Beach parking Lot. He said property rights and the ownership of private property have made this country strong. He said that’s the difference between us and Socialistic and Communist countries. He said if you believe this property should not be built on then you should buy it and vacate Pulaski Street and the North Beach Parking Lot and push the North beach Grill and the Shrine Club out. He said otherwise you need to give this man the right to use his property. Mr. Charlie Brewer speaking as a private citizen and an Advisory Member of the Marine Science Center. He said for the last three or four years he has been on the science center board and now he is on the advisory board and serves with Ms. Williams and Mr. Wolff. He said this is the same situation that is where the proposed location for the Marine Science Center is. He said the City has worked with the Science Center to promote moving the center to that location. He said Tybee has the same situation just around the corner. He said his concern is fairness in the application of the ordinances. He said this will be a test of how council applies this ordinance because you have identical situations. He said if you deny one and you don’t deny the other then you’ve got a dilemma. He said as far as the Historical concerns go he has sat with Ms. Williams in a meeting in which they were excited about getting the property for the Science Center and were talking about parking. He said an idea was to go to the second floor of the Shrine Club and knock down the existing wall and build walkways out to the new Marine Science Center. He said he personally feels that Shore Protection line doesn’t serve any purpose but wants to make sure council treats all parties equally. He said in the Master Plan a high number of people want to preserve the Historical properties of the island and this might be one of those properties that needs to be preserved and if so the city should buy it. He asked if council was going to be objective and treat the two properties identical. Page 18 of 31 Mr. Yellin said if council does approve their variance tonight they will then have to file plans with the building department. He said they will submit Architectural an Engineered drawings done by a State Licensed Engineer. He said they will do a land disturbing permit and agree voluntarily to put up the fence suggested by Dr. Stevens. He said even if they are approved tonight it is only the beginning and the detailed drawings come next and go to the building department. Ms. Sessions asked Ms. Allen to repeat the Planning Commission’s recommendation. Ms. Allen said the Planning Commissions recommendation was to deny by a unanimous vote. Mayor Buelterman closed the public hearing. Mr. Hughes said he was given a notebook from Mr. Yellin prior to this meeting and has not had time to review its contents; and thinks it would be appropriate in light of the many meetings that have been held by both the Planning Commission and Council; that the records of all of those be considered as having been part of the record at this proceeding. Mr. Yellin said they absolutely agree. Mr. Crone said he thinks Mr. Kietzman needs an answer about the jurisdiction line and Motioned to approve. There was no second to Mr. Crone’s motion. Mayor Pro Tem Sessions motioned to deny, Ms. Williams seconded. Ms. Doyle said it is hard to make a decision about this without looking at the battery itself. She said it’s hard to look at it and not think of everything involved and the consequences. She said she has always disagreed with the Tybee Shore Protection Line but when she looks at the drawings it is showing the DNR line and the Tybee line as the same line. Mr. Wolff said there have been good arguments on both sides. He agrees that our shore protection ordinance is flawed and that’s why the city set up a committee to study and revise it. He said he thinks they would not be good stewards if they made any variances to the existing ordinance without allowing that committee to complete its work. He said that committee should continue its work and they should set a deadline to bring something to council including a reasonable amendment or revision to the ordinance that might very well allow this without a variance. Ms. Sessions said she was on the council that listened to DNR when they told them they needed to get their local ordinances stronger than DNR’s if they wanted to protect their island. She said she agrees it is flawed but hopes they will continue to improve and thinks it is better than just letting fate belong to another body that doesn’t have the passion that the citizens on Tybee have and have elected the council to be good stewards. She said it is impossible to look at one issue for this although it’s the most important issue. Ms. Williams said she Page 19 of 31 agrees with everyone’s comments and agrees that they have all acknowledged that their shore protection line is flawed and they are working and getting excellent input from experts like Dr. Alexander. She thinks it would be a huge mistake to grant any variances and as they have seen tonight they sometimes come back and haunt you. She said even though one variance was granted since this council took office it was not a unanimous vote. She said she voted against it and would be hesitant to vote on a variance to our current shore protection line before they adopt a new one. She also feels that the lack of information dealing with the stability of that structure is something they cannot ignore. She said if the building fails then they’ve opened up a huge problem as far as the sand sharing system and also the dunes. She said there may be wooden pilings or there may not be but at this point they don’t know. She said if they don’t know they have to err on the side of caution. Mayor Pro Tem Sessions said they have voted one way or the other on many variances and she has tried to look at each situation before deciding and she has listened to everything on every variance. She said every variance is different. Ms. Doyle said if this is denied and they work on the ordinance what is the time frame for coming back if they choose too. Mr. Hughes said he thinks it is six months for the same variance. Mr. Wolff asked if that would apply if the ordinance changed. Mr. Hughes said if the ordinance changed it would not be the same variance request. Mr. Hughes said if the motion to deny fails it will not mean the variance is approved. The vote was 5 with Sessions, Williams, Doyle, Wolff and Pearce voting in favor of the motion to deny and Crone opposed. Mayor Buelterman opened the public hearing for 1 Shirley Road, Howard Reeves Petitioner. Ms. Allen said this petition was tabled by City Council in October of 2006 and the petitioner is Howard Reeve requesting a variance of the Shore Protection Line in order to relocate one structure and construct a new duplex. Mr. Reeve said he was here to renew his building request for 1 Shirley Road which was tabled due to the controversy surrounding the Tybee Shore Protection Ordinance. Mr. Reeves said his first birthday party was on Tybee in 1956. He said his mother purchased her home on the south end of Tybee in 1967 and celebrated the 100th birthday of her home just a few years ago. He said he and his wife are living in the completed restoration project next door to his mother’s house. He said he has a long term commitment emotionally and financially to Page 20 of 31 Tybee. He showed pictures of his completed restoration projects on Tybee. He said he wanted to show the pictures in response to the accusations that he was going to rape the property on Shirley Road and add a cement box there and clog the space and spoil the landscape. He said it has always been his goal to preserve the old Tybee houses. He said he hasn’t seen another place on the East Coast that has 100 year old beach houses on it. He said his wife owns the property at 1 Shirley Road consisting of lots 44, 45 and part of the strand. He said he plans to move the existing house on lot 45 back to lot 44 and convert it back to what an old Tybee house would look like. He said he is requesting a variance 10 feet back from the DNR Dune Line which is a little different than the original proposal. He said all other aspects of this plan are the same except the 10 foot setback. He said he was invited to join the parties that are in litigation with the city but didn’t want to and thought direct communication would be appropriate. Mayor Buelterman asked how much further the proposed duplex would come out than the existing structure does now. Mr. Reeves answered 24 feet from the heated space which doesn’t include the existing porch or steps. Mayor Buelterman said it is about 5 feet seaward of the existing steps. Ms. Sessions asked Ms. Allen to review what council asked for when it was tabled and how it was resolved pertaining to the location and the street. Ms. Allen said she was not on staff at the time but in reading the minutes the motion was made to review the shore protection act and to establish ownership of Shirley Road. Ms. Sessions asked if that had been done. Mr. Reeve said he had a title opinion done by an attorney and the warranty deed reads that his wife owns Shirley Road. He said the neighbors have a memorandum through their lawyer saying it is not conveyed. He said basically it is one lawyer’s opinion against another lawyer’s opinion. He said he is going by what the warranty deed has stated for the last 40 years that states this property owner owns this piece of property. Mr. Hughes said everyone has spent a lot of time trying to determine who owns Shirley Road and the bottom line is it doesn’t matter. He said the setbacks are from the lot line and not from the end of the property that you might own. He said you might own two lots next to each other but you still have to honor the dividing line between the two. Mayor Buelterman said the Northern side of the house is on the property line between lot 45 and Shirley Road. He said in order to comply with the setbacks that side has to be 10 feet back. He said but all they are dealing with tonight is just the Shore Protection Variance. Ms. Allen said that was correct. Mr. Reeve said he is not asking for any setback variances. Mr. Hughes said Mr. Reeve’s chain of title shows that footage east of lot 45 up to 18 feet of the seawall is included in the chain of conveyances that goes back at least 50 years. He said it is not a part of lot 45. He said even though Mr., Reeves said he wants to recombine it that hasn’t been done yet and there could be an issue about doing Page 21 of 31 that. He said the significance of that is without that recombination and having that portion of the strand; there is not enough room on the lot to put a duplex. Mr. Reeves said that is correct. Mr. Hughes said this issue became apparent yesterday and Tybee has a unique provision in its charter that has obviously been there a long time for unique situations. He said in the powers granted to the city it includes the power to continue to deed, transfer or quitclaim all of the city’s right in property and the beach formerly know as the strand; which abuts property eastwardly to within 18 feet of the seawall. He said it goes on to say; provided that the city and said property owner shall not utilize the 18 foot area abutting the seawall and the land so deeded except for the purposes of repair, maintenance, prevention and control of the seawall, groins, beaches and sand dunes. Mr. Reeves asked if he was saying the city owned out to the seawall. Mr. Hughes said yes but the city was authorized to convey portions of the strand in a westerly direction to the abutting land owner; which appears to be what happened here at some point more than 50 years ago. He said it also says the property so deeded can only be used for purposed of repair, maintenance, prevention and control of the seawall, groins, beaches and sand dunes. Mr. Reeves asked if Mr. Hughes was saying he couldn’t build on the strand section of the property or use the area to reach the minimum square footage. Mr. Hughes said he doesn’t know. He said he wanted an opportunity to look further at that and it can be addressed in the recombination issue. He said it obviously says you cannot have any portion of the structure there but doesn’t know if it answers the question about square footage. He said the way he would interpret it based on what limited information he has that it likely can’t be combined to the lot because that would include a use of the deeded property that is beyond that. He said he is assuming that the portion of the strand at some point got into the earlier owner from the city but he doesn’t know that. He said the abstract that was provided in connection with the issue of who owns Shirley Road; did not go that far back. Mr. Reeves asked if that was the title opinion he had done. Mr. Hughes said yes when he was provided the opinion he eventually received an abstract to that lot. He said that abstract is what he is referring too but that only addresses building into the portion of the strand. He said on Mr. Reeves diagram lot 45 is lot 45 and his setbacks are from his lot lines like everyone else’s. He said the strand side of the property could be used as the front yard setback so that you would have 20 feet but obviously there is an existing structure there that is a lot closer than 20 feet to the lot line of lot 45. He said he doesn’t know if they can combine a portion of the strand to lot 45 so as to increase the square footage of where you want to put the duplex. Ms. Doyle asked if there was enough square footage on lot 45 for a duplex. Mr. Hughes said there would not be enough square footage on lot 45 for a duplex. He said it’s an R-2 zone and requires 6750 sq feet for a duplex and this is 67 x70 which is 4200 square feet. He said the only thing you can build there if you can only build on lot 45 is a single family home because it would be a sub standard Page 22 of 31 lot of record. Mr. Reeves said that is assuming he couldn’t combine them with Shirley Road. Mr. Hughes said he couldn’t combine them with Shirley Road because easements are along Shirley Road. Mr. Reeves said who owns title to it. Mr. Hughes said it is not part of lot 45 it’s Shirley Road. Mayor Buelterman said he can’t do the combination because of the easements. Mr. Hughes said correct. Mr. Hughes said council has the same options that they had on the last hearing. He said because of this other issue; and this is unique because of the strand title. He said council could hold it until they get the strand issue clarified or they can address the variance request because he may need a variance from Shore Protection whether it’s single family or a duplex. Mayor Buelterman said it may or may not be as much of a variance as is currently being requested for a duplex. He said that leaves the ball in Mr. Reeves court as to if he wants to proceed on getting this exact variance from Shore Protection or if he wants to go back and reconsider and come back with less of a variance from the Shore Protection. Mr. Hughes said that would be his understanding. Mr. Reeves said he wants to go forward with his current petition. Mr. Hughes said what is not clear to him is if you look at lot 45 as lot 45 and that was part of Shirley Park subdivision and so was lot 44 but the strand was not. Mr. Reeves said but he owns it. Mr. Hughes said yes but it wasn’t a part of the subdivision so he will have to look into it. Mr. Hughes said in his opinion they cannot combine a street that has easements across it to increase the square footage of a lot. He said it’s his opinion that the charter provision was put in to allow property owners abutting the strand to have an interest between them and the beach. He said all of the property east of the seawall was acquired by the city for the first renourishment. He said we’ve got this gap between the seawall and 18 feet to the beginning of that portion of the property. Mr. Hughes said it was his understanding the city acquired by condemnation or conveyance the property of all the abutting owners who claimed the right of title to the Atlantic Ocean. He said not everyone had that and it could be that there’s no conveyance on the other side of the seawall from you because whatever interest you have would of stopped west of the seawall and not east. Mr. Reeves said he wasn’t convinced that he does not own the property and can’t utilize it. Mr. Arden Joly a resident of Shirley Road said he lives there with his wife Susan and daughter Elle. He spoke in opposition to Mr. Reeve’s variance request. He said he respects property rights as much as the next person and believes in smart growth. He said when Mr. Reeves previously presented his petition he was not the owner of the property and the Planning Commission denied his request by a unanimous vote; but Mr. Reeves proceeded with the purchase. He requested that council uphold the planning commission’s recommendation to deny. He said even though the application is presented in a humble way in fact the plan is bold and brazen in terms of the magnitude of the disregard for safety, property values, neighbors and the environment as well as the magnitude of the request for a variance of 24 feet from the Tybee shoreline ordinance. He said Mr. Page 23 of 31 Reeves and Mr. Gay both said there would only be one variance requested but there are many legal issues involved. He said this Tybee Cottage has no trace of blight and doesn’t need to be rescued of salvaged. He said it is perfectly situated and paneled in old wood and about 70 years old. He said it is already large and stands pretty close to the shore. He showed pictures of the garden between Mr. Slotin’s property and Mr. Reeve’s property. He said the plan as presented shows the existing house being moved and rotated and placed in the garden, thereby eliminating all of the beautiful trees that are there and a new duplex being constructed and built further towards the dunes than the existing structure. He said Mr. Reeves plans to move all of that towards the existing little road and would bring everything closer to Shirley Road. He said it’s a bad plan leading to higher density and congestion and making it difficult for safety vehicles to pass. He said the question is can it be done legally. He said he has at least five large problems to overcome. He said without a permit the plan violates the DNR Shore Protection Line; the plan violates the Tybee Island Shore Protection Line and doesn’t qualify for a variance because these are regular lots with no irregularities; The plan for lot 44 violates the minimum lot area requirements of the Tybee Land Development Code but he would be allowed to build a single family residence on the sub standard lot of record. He said on lot 45 he has 4765 and doesn’t have the 6750 required for a duplex. He said the plan violates the 20 foot setback required by the Land Development Code and shows the duplex right on the line of Shirley Road with no setback and the front of the duplex is on the line where the strand property starts and you can’t build over a lot line whether you own the adjoining property or not. He said the plan violates the subdivision regulations required by article 10 of the Land Development Code. He showed a picture of the Shirley Park subdivision and said every deed that belongs to every landowner in the neighborhood refers to this document. He said Shirley was one of the first subdivisions ever recorded on Tybee Island and was recorded in 1931. He said the recorded document shows Shirley Street and it runs from Butler to the strand. He said three property owners on Shirley Road hired an attorney and his opinion is that you cannot convey a recorded street of a recorded subdivision to anyone. He said in 1961 a man named Garfunkel purchased from A.P. Solomon quietly by quit claim deed the street. He said this is what appears to give title to Shirley Street to Mr. Reeves. He said in 1952 the courts decided that no one owned the street if it was recorded as part of a subdivision and could not be sold. He read code section 3-020 that says that no such non conforming use or structure shall in any way be expanded or extended. He said if Mr. Reeves plans to reorganize it and change everything he would have to conform to the existing subdivision regulations. Mr. Arden Joly said he is a citizen of Tybee that needs Council’s protection. Mr. Gay said he finds it offensive to have Mr. Reeves classified as a brazen individual when in fact he has demonstrated consistently his ability to build quality housing on the island that is consistent with the historic spirit of the Page 24 of 31 island. He said Mr. Reeves has won awards and has gone to extremes to protect historic elements. He said his goal is not to go in and create problems for people. He said you have lots that are going to be used and regardless of what happens they are going to be used. He said he takes exception to anything but the fact that Mr. Reeves is a good neighbor. Ms. Nancy Slotin spoke in opposition to anything being put on the lot in front of her. She said talking from the heart that Shirley Road is one of the last lanes that are an old Tybee setting. She said most of the houses are the old Railroad houses that have been lifted up and we have trees. She said we are turning Tybee into concrete and tar. She said the foliage on Mr. Reeve’s property is absolutely beautiful. She said in order for the houses to be built she cannot tell how many crepe myrtles and palm trees will have to go along with regular lawn and beautiful shrubbery. Ms. Arden Joly told Mr. Reeves that she hopes the emotions that this kind of project brings up does not create any bad feelings because one thing that is very beautiful on Shirley Street are the neighbors. She said she does admire that Mr. Reeves tries to save old buildings. She said the word brazen was used because last year before he bought this property he was aware that there were serious problems with this plan. She said this project is just too large for the land he has. Mr. Reeves requested that Council table his petition in lieu of what Mr. Hughes said earlier. Mr. Slotin said he thinks there should be a decision made tonight. He said this is over a year old and if Mr. Reeves wants to change his plan he can wait for the proper time and bring back a plan. He said this calls for a decision and its time to vote on it. Mr. Arden Joly said given the time that has elapsed and that no one has asked that this be brought to the agenda and Mr. Reeves is well advised by good advisors and a very good lawyer; he does not believe he could of walked into tonight’s meeting and found out there were elements that he didn’t know and suddenly decide to withdraw his application or have it tabled. He asked council to defeat this plan and said he can always come before council with a different plan. Mr. Wolff moved to deny, Mr. Pearce seconded, and the vote was Wolff, Pearce, Doyle, Williams and Sessions voting in favor and Crone opposed. Ms. Schleicher said the Tybee signs have been updated with Welcome back to Tybee along with thank you for visiting. She said that was part of a DCA grant Page 25 of 31 that we received from a local assistance grant and the results were from suggestions she received from Tybee Beautification and Sally Bostwick. She said they also installed six Palm Trees on each side as you come onto the island. She said they will also be installing sixty five crepe myrtles. Ms. Williams asked about the post to the old sign that are still remaining. Ms. Schleicher said they will be painted to match the sign post but will remain because that is where the electrical is. She said it is a work in progress. Ms. Schleicher said banner posts will be installed in front of the dog park to look like the banner post at the entrance. Ms. Schleicher said Jimmy Bostwick was part of that design. Ms. Williams said it looks really good and everyone agreed. Ms. Schleicher said they really appreciate Mr. Bostwick and the hard work of DPW in putting that together. Ms. Schleicher said she wanted to explain the estimated water bills. She said the city has been doing estimated bills because they are in the process of doing automatic meter reading and installing the fireflies. Mr. Redmond said the company recommended the city start with the meters nearest to city hall so they started across the street. He said the first group of meters was actually buried in concrete so they had to do digging to get to them. He said they ran the first test today and the fireflies are transmitting to our receiver at city hall. He said the approximate date of completion is January 1st and from there we will go to monthly billing. Ms. Williams asked if bills will be estimated until January. Mr. Redmond said yes. He said it doesn’t make sense to hire meter readers and to train them when they will be gone in a few months. He said the three people on staff are busy changing out the meters. Ms. Williams asked that an explanation of what would happen when the new system was up and running be given to the public. She said Ms. Schleicher said they will analyze the bills and anyone overcharged will be credited. Mr. Redmond said that is correct. He said anytime there has been a discrepancy or abnormal reading they actually go out and do a physical reading. He said Nalene that is part of billing has gone out and done a number of those reads. He said they have found the estimated bills were more accurate than some of the readings. Ms. Schleicher said she was glad they were going with the automated meter reading and accuracy was one of the main reasons for that decision along with monthly billing ability. Ms. Schleicher said she received another petition for a speed bump and the petitioner is coming on the agenda next month. She said the staff has been talking about what to do concerning speed bumps and the amount of requests that are received. She said the recommendation is that not only should a petition be submitted but a traffic study conducted by staff should give a report to council concerning each request. She requested petitions be postponed after the Page 26 of 31 present one until the city has in place some way to monitor speed. She said a devise that will count traffic and monitor speed will be in the budget. She said that will provide more data to city council when they are making speed bump decisions. Ms. Schleicher said the city is working on planting one hundred trees to celebrate Tybee’s 120th Birthday and they are a grant from the Savannah Tree Foundation. She said planning is being done utilizing the Ad Hoc Memorial Park Committee and DPW to plan where the trees should be planted. Ms. Schleicher said a skateboard group requested doing an exhibition during the 120th birthday festivities on October 20th. She said they suggested putting skateboard ramps where the existing slab is. Ms. Schleicher said in December council approved Hussey, Gay, Bell and DeYoung doing the Tybrisa portion of the engineering and construction and we were working with EMC at the time on the strand portion of the project. She said we received some plans from EMC and went to bid and we weren’t comfortable with what we received and the timing was disastrous for the downtown businesses. She said we basically decided to step back and do that project as a joint project. She said after looking at the EMC plan HGB&D had to do a lot more work with the plan including going back and doing additional surveying and shooting elevations. She said basically HGB&D have worked on both the Tybrisa and Strand plans and combined them and they submitted a new contract where they will have the engineering together and they will oversee the project. She said this is the new contract under one umbrella. Mr. Wolff asked if HGB&D was able to salvage parts of the EMC plan to save us money. Ms. Allen said the problem with the plan EMC submitted was there was very little survey work done so there was no topographical information for them to pull shots or elevations from; making them virtually unusable. She said in terms of marrying two designs they had to start over from the construction design standpoint. Ms. Williams asked if EMC did not fulfill their contract. Ms. Allen said that question came up this week but they don’t know the deliverables in the contract. She said that can be looked into. Ms. Williams asked for the EMC contract to be put on the Action items list. Ms. Doyle asked Ms. Schleicher if she felt the business owners had bought into this project. Ms. Schleicher said a lot of the business owners are concerned about it. She said as soon as they have a contract and know the schedule they will work with the business owners so they know what the impacts are. She said Brannyn and John have worked on Streetscape projects and will work with the businesses so that it is not a total disaster for them. She said there will be a Page 27 of 31 contact number provided for when city hall is closed so that we are open and accessible. Mayor Pro Tem Sessions asked if HGB&D were not given criteria and if that is something the council would find out about before awarding the contract. Ms. Allen said this is just the engineering contract. She said it’s up to the city to work with the contractor on scheduling the work but HGB&D are involved in that conversation to establish the construction schedule. She said this contract is for the design work and project administration through the construction. Mayor Pro Tem Sessions said if this does get approved she thinks they all remember what a good project the Butler Avenue Water Line was and would want a similar experience with everything being very clear and ironed out and the work was done by a professional company. She said the CFO was right on top of it and criteria were developed for a report card along with someone from DPW being on the job every day. She said all of those things have to happen if they decide to go with this. She asked Ms. Schleicher is she was in contact with the businesses. Ms. Schleicher said they had arranged and economic development committee meeting at 3:00 just so that business owners could attend. She said last year they went door to door to let people know what was going on with the Strand and if they need to they will do that again. Ms. Sessions said some kind of documented information would be appropriate instead of just verbalizing. Ms. Williams said those things were done in the beginning right after the election and before they took office. She said she attended a meeting at Fannie’s on the Beach where they were discussing this and with the exception of one or two business owners they were all in support. She said they were upset because they thought the budget would be cut and it wouldn’t happen. She said she thinks the problem is with it being so drawn out and we naturally forget what happened two or three years ago. She agrees they need to do major outreach to the businesses along with the media to let them know the businesses are still open. Mayor Buelterman opened the business meeting and called for a motion on the Consent Agenda items as discussed earlier. Ms. Williams moved to approve the Consent Agenda, Mr. Wolff seconded, and the vote was unanimous. Ms. Williams moved to approve the installation of a Veterans Memorial for the Korean War in the Park of Seven Flags. She said they had discussed setting it back a little from the existing sign just to protect the monument from traffic, Mr. Pearce seconded. Mayor Buelterman asked if it could be amended to allow staff to look at the issues. Ms. Williams Page 28 of 31 amended her motion to approve making it contingent on working with the city staff to make sure all regulations and concerns are addressed. Mr. Pearce accepted the amended motion. And the vote was unanimous. Mayor Pro tem Sessions said she thinks in the situation concerning Mr. Longwater and his request that it is always a good idea to get the opinion of those that enforce the laws meaning the Police Department and the Judge. She said she doesn’t think they are necessarily in a position to automatically understand. She said when she first saw his request she though how awful but when they received the follow up information regarding the 15 previous citations for dogs at large that were issued over the past years it put a different spin on everything. Mr. Crone asked if council didn’t just redo the dog ordinance and adjust the fines. He said why should council do it again for someone that is continuously breaking the law. Ms. Williams said the main change they made to amend the ordinance pertaining to this situation was they changed the automatic $200 fine for dogs at large by separating the dogs on the beach from the dogs at large and making the minimum fine from $20 to $1,000 for dogs at large. She said she did request information regarding the changes made and what effect they have had on the fines and will give that at a later time. Mayor Buelterman said if council decides at a future date that they want to reconsider Mr. Longwater’s request they can put it on the agenda. Mayor Pro Tem Sessions moved to approve ramps being placed on the existing slab during the birthday celebration for skateboarding exhibitions, Ms. Williams seconded, and the vote was unanimous. Mr. Crone moved to approve the agreement from Hussey, Gay, Bell & DeYoung for the Tybrisa-Strand Project, Mr. Wolff seconded, Ms. Sessions reiterated everything that was said earlier. She said they are under the microscope and this needs to be done first class. Mayor Buelterman asked that someone from DOT be invited to talk about the Hwy 80 repaving project. Mayor Pro Tem Sessions said she feels it’s a good idea to have regular meetings with the contractor and staff to make sure progress is being made. Page 29 of 31 Mayor Buelterman asked if this project would change the facade of any of the businesses. Ms. Schleicher answered no. Ms. Allen said one of the requirements of the funding because it is DOT funding is to have very close interaction with the contractor and the engineers. She said we are required to maintain daily contact with them and they are required to submit daily reports as part of the grant. Mayor Pro Tem Sessions encouraged one or two council members to interact with this project also. And the vote was unanimous. Ms. Williams moved to approve the 2nd Reading of the Reaffirmation of the Ethics Ordinance, Mr. Wolff seconded. Ms. Doyle said she appreciates Ms. Off coming forward and she listened to everything she had to say but stands by her original concerns she voiced at the last council meeting. She said she wants to show her support for this ordinance and all the work and effort that went into it. She said she may be at fault for not reading word for word this ordinance. She said the last couple of weeks she has read it page to page and on the whole it is a good ordinance but there are a couple of issues that at some point in time need to be discussed, Sections 3-13 and 3-26. She said she doesn’t know if it needs to be done in a council meeting or with Mr. Hughes. Mr. Hughes said there was a lot of work to get to the ordinance. He said he was at most of the meetings and he did have some editorial role in it. He said what is before council is the same ordinance they approved in May with corrections of a grammatical nature including type Po’s that were found last week. He said like any other ordinance it is subject to improvement and work as it continues. He said that whole committee worked hard to get the ordinance to council within the timeline that was established. Ms. Doyle said she needed to make a correction to the section she named and said it was Section 3-21 #6 that dealt with the commissions. Mayor Pro Tem Sessions said we are planning to have a volunteer reception recognizing all the volunteers on the commissions and committees that Council has appointed. She said they put the money in the budget and Chantel and Vivian are working on having it after the election. And the vote was unanimous. Ms. Doyle showed a proposal for the new Tybee Flag and said they just want a plain field with the new Tybee emblem. She said she asked Todd to come up Page 30 of 31 with different colors and he did an excellent job. Sessions said she liked the top right color for the flag. Mayor Buelterman asked Ms. Schleicher which color would go with the tennis courts and all of the things she is trying to get to match. Ms. Schleicher said the top right. Ms. Doyle moved to approve the top right color for the flag, Ms. Williams seconded, and the vote was unanimous. Mayor Buelterman thanked Ms. Doyle and Ms. Sessions for their work on the flag design. Mr. Hughes said it’s important that our ordinance match our agreement with DOT regarding the speed limits. He said it won’t until we get the new application regarding the speed limits on Campbell to them again. He said we don’t have much choice in order to get the speed limit reduced on Butler we have to go ahead and agree with what they have. He said leave the signs up and don’t use radar on Campbell. Mayor Pro Tem Sessions moved to approve the DOT agreement for speed limits, Ms, Williams seconded, and the vote was unanimous. Ms. Williams moved to accept the Audit Committee’s recommendation to extend the contract with Maulden and Jenkins for two years, Mr. Wolff seconded, and the vote was unanimous. Mr. Wolff moved to adjourn, Ms. Doyle seconded, and the vote was unanimous. ______________________________________ Mayor Jason Buelterman ___________________________ Vivian O. Woods, Clerk of Council Page 31 of 31