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20071011 City Council Minutes
Mayor Buelterman opened the Consent Agenda meeting at 6:30pm on October
11, 2007. Present in addition to the Mayor were City Council members, Sessions,
Crone, Pearce, Williams, Doyle and Wolff. Also attending were City Attorney
Bubba Hughes and City Manager Diane Schleicher.
Mayor Buelterman listed the items on the Consent Agenda as;
Giving permission to the City Clerk to post the Ethics Commission
openings.
Approval of Council Minutes for September 13, 2007
Emergency Purchase of a replacement pump for Lift Station #6 for
$17,897-Flygt Corporation. To be purchased using contingency funds
from Water Sewer.
***
Mr. Wolff moved to go into Executive Session to discuss Litigation and Real
Estate Acquisition, Ms. Williams seconded and the vote was unanimous.
Ms. Doyle moved to go back into Consent Agenda, Ms. Williams seconded, and
the vote was unanimous.
Mayor Buelterman closed the Consent Agenda.
***
Mayor Buelterman called the Regular Meeting of the City Council to order at
7:00pm. City Officials present at the Consent Agenda were still in attendance.
Reverend David Laughner of Chapel by The Sea Baptist Church gave the
invocation and everyone recited the Pledge of Allegiance to the Flag.
Mayor Buelterman wished a Happy Birthday to Ms. Schleicher last Saturday. Ms.
Schleicher said it was her 50th.
Mayor Buelterman announced that the Pirates Fest was a great success and
brought a lot of visitors to Tybee to support our local businesses.
Mayor Buelterman announced the Tybee 120 Birthday Celebration on October
20th in Memorial Park.
Mayor Buelterman introduced the candidates for City Council attending tonight’s
meeting including incumbents; Paul Wolff, Wanda Doyle, Kathryn Williams, Eddie
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Crone and Mallory Pearce and candidates Lawanna Tsoulos, John Major, Dick
Smith, Barry Brown, Bill Garbett and Rachel Perkins.
Mayor Buelterman announced the Joyce Harrison Memorial Polka Run to benefit
Breast Cancer. He said it will be held Saturday November 3rd at noon at Tybee
Times.
Mayor Buelterman announced the showing of the Jane Coslick Cottages at the
Irene Sullivan Gallery on October 19th.
Ms. Doyle asked that everyone remember the Campground Celebration on
November 2nd at 6:00pm at the Campground.
Ms. Lawanna Tsoulos announced the Tybee Adopt a Soldier and said they started
it on Tybee Island in 2002 when the initial invasion of Iraq took place. She said
the mission has somewhat changed because in the beginning they sent basic
paper products and hygiene items that the soldiers needed to get by. She said
over time the U.S. government has luckily and thankfully been able to supply the
soldiers with most of what they need. She said what they really like to get now
are home baked goods. She said with Thanksgiving and Christmas coming up
they intend to send cookies etc. that will travel well because it takes about two
weeks for packages to get to our soldiers. She said if anyone wants to bake
cookies or cakes (certain types work well), they are asking for items for
Thanksgiving and Christmas. She said they also need new or used tins to ship
them in. She said there will be an announcement posted on cable channel 7. She
asked that anyone interested in helping please call her.
Ms. Sandi Postle gave a Tybee Neighbors update and announced the Tybee
Neighbors Townhall meeting on October 29th from 7-9 pm at City Hall. She
invited Mayor Buelterman to come and speak about the referendum. She
commented on the great success of the Tybee Treasures video and said to date
they have sold and distributed over 700 copies. She said all of the eleven
Georgia information visitors’ centers will be playing Tybee Treasures on their
large plasma screens on a regular daily basis. She said during the Tybee
Celebration on October 20th they are sponsoring a best cookie contest and a best
shrimp dish contest as well as having sugar cookies for kids to decorate. She said
information can be obtained from their website at Tybeeneighbors.com.
Mr. Ed Cawley proposed strengthening article 14 of the Land Development Code
concerning Historic Preservation to specifically prevent the demolition of any of
the 6 Gun Batteries in Fort Screven in whole or in part. He said the provision
would allow the property owner to use the gun battery as it exists or to be
developed in any way the structure would have to be incorporated into a creative
architectural plan that would display and enhance the unique features and
historical context in whatever kind of development the property owner could
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devise. He said there should be a list of protected historical structures and once
a piece of property is on the protected list it cannot be taken off. He said those
would start with the 6 gun batteries and perhaps the restored guard house could
be put on it since the lighthouse is already protected from demolition. He
believes the 6 gun batteries deserve the same protection that the lighthouse
enjoys. He said in the letter from Kristen McMaster’s Archeological Planner for
the Department of the Interior, she cautioned that at some point loss of historic
fabric may result in the loss of the district’s designation. He said according to the
Master Plan Survey most Tybee residents feel this is the time to correct mistakes
of the past. He said 90.2% feel that the city should develop programs with
regulations and incentives that preserve historic buildings. He requested Council
make needed changes to Article 14 of the Land Development Code to protect the
gun batteries. He said our grandchildren will thank you for it.
***
Attorney Harold Yellin, representing Sam Adams presented a request for a quit
claim deed from the city for a portion of Butler Avenue. He said it is located
where Butler Avenue dead ends into Chatham Avenue. He said most people
requesting quit claims are developing property. He said Mr. Adams desires for
this property not to be developed. He described a triangular portion that would
be put in a conservation easement with dedicated green space; never to be used
in any way, shape or form. He said on the four sided portion they would like to
put a deed restriction that states no improvement can be done to that property
with the exception of fencing to keep people from tramping through it along with
additional vegetation to augment the existing vegetation. He said this property
has been closed for over 80 years and exhibits how Tybee holds to the idea that
this property is not usable and not capable or intended to be used as a roadway.
Mr. Yellin showed pictures of the vegetated property. He said the only people
accessing this property are the Adam’s and that is because they have to get to
their property through it. He said there are two options for the Adam’s with one
being to pay fair market value for the property and the other is to swap property
of equal or greater value. He said specifically the Adam’s would like to swap the
beach front property that is in front of their lot. He showed a copy of the deed
from 1912 between A.P. Adams and the City of Tybee Island conveying the
property to the high water mark to Mr. Adams. He said the Adam’s are proposing
deeding back that property that was conveyed in 1912 to the City in exchange
for the triangular shaped lot at the end of Butler. He said the only restrictions
they would put on this property are; No permanent or temporary structures or
improvements and only use it for bulkheads, groins or structures required for the
prevention of beach erosion. He said they would not want to deed this property
to the city and have them build a gazebo or pier or anything not related to beach
erosion.
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Mr. Sam Adams said everyone knows about past governments that have
transferred right of ways, city property etc. for $1.00 a square foot. He said this
transaction would have a great deal of value that would stay the town based on
the restrictions on it and successor governments cannot do something crazy. He
said the best thing for them to do is to roll the dice and watch the primary dune
march towards the ocean because it’s protected by T-heads. He said this year
has been one of the worst for erosion that we have had in a long time and that
south end beach is fine because of those T-heads. He said the primary dune has
moved and that property will have value at some point in time. He said they
would rather not see someone develop it and put houses beside the houses that
are there. He said they would like to own where they park and the neighborhood
is for it because it means the property essentially stays the way it has been for
90 years. He said he appreciates council’s consideration.
***
Mayor Buelterman opened the public hearing for the voice over internet tax for
the 911 system. Mr. Hughes said the law requires that you have a public hearing
before you pass a resolution to impose a charge that would be dedicated to
paying the cost associated with providing the service. He said this is already in
place for the wireless internet and the basic telephone and this is to cover the
voice over internet phone usage.
Mayor Buelterman said to clarify this would it be an additional $1.50 that would
be on the provider’s bill? Mr. Hughes said yes it would be on the provider’s bill
for everyone with access to voice over internet protocol. He said as he
understands it whoever the provider is would add that charge to all of their
customers.
Mr. Wolff said we already pay $1.50 for 911 services and he doesn’t understand
where this is coming from and why everyone has to pay it if it only benefits a
few people. Mr. Hughes said you pay for wireless whether or not you use it and
it’s the same principal. He said it covers the capital cost of making it available.
Mayor Buelterman said he would like to have an explanation from the Police
Department as to why this is being implemented.
Ms. Williams said she would like to know how many people utilize the voice over
internet service. She said if its 5 people it isn’t justified.
Mr. Wolff moved to table this until we can get a better explanation
from the Police Department, Ms. Sessions seconded and the vote was
unanimous.
***
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Ms. Schleicher said concerning the request for the quit claim proposed by Mr.
Adams that our code requires a report from the City Manager. She said she has
talked to department heads a number of times and staff is recommending denial
of the request. She said the reason is Water and Sewer and Public Works are
concerned about closing any right of ways because the city uses them for utility.
She said we are in the process of completing our GIS study and doing upgrades.
She said as everyone on the island is aware and saw during all that rain, we
have issues with drainage all over the island. She said they are trying to
complete the study to know where to divert the rain and it may end up that we
need that location to put pipes down. She said the department heads feel it
would be premature to sell or trade right of ways when the drainage plan has
not been completed.
Mr. Pearce said he has looked at this property a number of times and it is a
significant habitat. He said he would be opposed to going in and destroying trees
for piping. He recommended the city put a permanent easement on the property
to protect the thicket of bay trees and preserve them. He said there is plenty of
space right next to it to do piping. Ms. Schleicher said there are ways to install
piping without destroying trees.
Mayor Buelterman said it seems that if he lived back there he would not want
the city to be able to install something that would be detrimental to the
neighborhood. He said he thinks the purpose of this proposal is to keep the city
from putting restrooms or things like that in that area. He said he agrees with
Mr. Pearce that he would like the city to do something to protect it.
Mr. Wolff said he agrees in terms of protecting the habitat but feels they need to
take the city managers recommendation to hold it for potential infrastructure
improvements until the entire island is assessed. He said storm water drainage
is critical in terms of calculating the fall from different areas on the island and we
need to keep all the options open. He said there is no rush on this because the
Adam’s have been using it and they have it fenced and park on it. He said they
have preserved it well and he respects them for that. He said he doesn’t see any
reason why that can’t continue while we complete the assessment of city
services.
Ms. Williams said she has visited the site and it’s beautiful but she does respect
the staff’s recommendation and concerns for future needs. She said if the city
decides they want to retain ownership of this land could the city put all or part of
it under an easement or have the easement written similar to what Mr. Adams
has recommended but amended to say the city could use it for drainage or
maybe for infrastructure but not for temporary or permanent buildings or things
of that nature? Mr. Hughes said probably and the reason is one council cannot
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bind the next, particularly on matters relating to government property. He said
there is a statutory provision that allows placing property in conservation
easements with whatever restrictions are desired so that a subsequent council
would probably have to go to court to get the restrictions removed. He said he
can’t say that couldn’t happen because it probably could. He said from a legal
standpoint it is always better not to have your property restrained by anything so
that you always have discretion to deal with it. He said we have imposed
conservation easements on nature trails and parks. He said the real estate
specialist said it is doable but there is always the possibility that a subsequent
council could seek to get the restrictions removed by way of court proceedings.
He said without a transfer of property that imposes a restriction in the deed,
that’s the most protection you can give it.
Ms. Schleicher said if it is denied tonight and they complete the study we can
revisit it after we know that it’s not a critical location for future utilities. She said
we have to protect the whole island and that’s what right of ways were
designated for is public use.
Mayor Pro Tem Sessions asked Mr. Hughes to explain who would be responsible
for obtaining appraisals if this were approved tonight. Mr. Hughes said if you
indicate a tentative willingness to go with the possible exchange then the Adam’s
would have to get both parcels appraised. He said the city can only trade up or
equal and couldn’t trade for a lesser value. He said council can without a trade
convey unopened right of way to abutting owners. He said on the Chatham
Avenue parcel it would be the city. He said the northernmost part of it would
probably have to be offered to the triangular piece as well which he thinks is Mr.
Kitchens. He said in his opinion if Mr. Kitchens declines interest then it could go
to the other side.
Mayor Pro Tem Sessions asked if we know if the property the Adam’s are
proposing giving to the city would be buildable or not. Mr. Hughes said the
appraiser would take into consideration the zoning of the property when making
the appraisal. Mr. Hughes said this property is south of the federal groin and so
it was not acquired from the seawall to the ocean as was all of the beach front
property between the two groins when the first renourishment was done in the
70’s.
Mr. Hughes said if the Council indicates a willingness to do this our ordinance
requires a Public Hearing be held.
Mr. Yellin said it is very common for the city to give a quit claim deed but to keep
a reservation for the right to put utilities on that property. He said there is no
reason both can’t be accomplished.
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***
Ms. Schleicher said the Public Safety Ad Hoc Committee met and recommended
an architect design group out of Florida which is partnered with another firm in
Savannah. She said they basically will be doing programming and looking at two
sites with one being where the police station is presently located and the old
school site. She said they will be doing a site feasibility study and also space
planning study for us. Mayor Buelterman said this is in the budget. Ms.
Schleicher said the Ad Hoc Committee wanted a firm that had experience with
public safety facilities but also wanted someone partnered with a Savannah firm
so they selected Architect Design Group out of Florida and they partnered with
Cogdell and Mendrala of Savannah. She said they will do the analysis of space
needs as well as parking in terms of location. She said they will also be
considering if we need to combine the location of the Police Department with the
Fire Department.
Mayor Buelterman said this council committed to building a public safety facility
using SPLOST funds that we were able to lobby for from the county. He said we
committed three million dollars from SPLOST funds to pay for this and it has
been needed forever. Ms. Schleicher said it is a very strong committee.
Mr. Wolff reminded everyone that whatever is built has to meet LEEDS
certification or get as close to it as possible. He said part of that process is how
the building is sited on the property to get natural lighting and the best value for
heating and cooling. He asked that a Geo-Thermal Heatpump be considered
because payback on it is less than 5 years. He said hopefully the architects have
a leed certified person working for them. Ms. Schleicher said they have a copy of
the resolution.
***
Mayor Buelterman opened the meeting for business legally presented.
***
Mayor Pro Tem Sessions moved to approve the items on the Consent
Agenda as listed earlier, Mr. Pearce seconded, and the vote was
unanimous.
***
Ms. Schleicher said the city is currently working on the master land use process
and Ms. Allen has been working on the Historical ordinances and we are in the
process of firming up the historical preservation code.
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***
Mr. Pearce moved to have Mr. Hughes consult with Mr. Yellin and City
Staff to report several alternatives to present for future consideration
of council in which one alternative will be to do nothing. Ms. Williams
seconded and said they would need to add appraisals to the motion.
Mr. Pearce agreed.
Mayor Pro Tem Sessions asked Mr. Hughes if that motion would mean that Mr.
Adams would have to go out and obtain appraisals. Mr. Hughes said as he
understands the motion both parcels would need to be appraised at Mr. Adams
expense. Mayor Pro Tem Sessions said wouldn’t that motion indicate that we are
in favor of the trade. Mr. Hughes said it would indicate a willingness to consider
it depending on what the appraisals come back as. He said the ordinance is very
clear that there is no enforceable agreement or vesting going on until the
ultimate vote is done following a public hearing.
Mr. Wolff said he feels it isn’t fair to have attorney’s looking at this until the
utility assessment is complete. He said there is no rush to do anything about this.
He said the city should leave things as they are until the assessment is done and
Mr. Adams can bring his petition back at that time.
Ms. Williams asked Ms. Schleicher what the time line was for the assessment to
be completed. Ms. Schleicher said we are just beginning the GIS mapping so it
will take at least six months to a year to get the survey completed.
Mr. Pearce was the only vote in favor of the motion.
Ms. Schleicher said she would talk to staff about protecting that location while
accomplishing our goals.
***
Mr. Wolff moved to approve the Architects Design Group in association
with Cogdell and Mendrala Architects as the Public Safety Building
Consultants for $23,670. Mr. Crone seconded and the vote was
unanimous.
***
Mr. Wolff moved to approve the 2nd Reading of ordinance 66-3 to
amend and adopt the established speed limits within the city. Ms.
Doyle seconded and the vote was unanimous.
***
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Mr. Wolff moved to proclaim October the 20th as Arbor Day, Mr. Pearce
seconded. Mayor Buelterman said the plan is to plant 120 trees to
commemorate the 120 years of Tybee’s incorporation.
The vote was unanimous to proclaim the 20th as Arbor Day.
***
Ms. Schleicher reminded the public to bring candy to City Hall for Lewis Street
Trick or Treat.
Mayor Pro Tem Sessions reminded everyone to go to Dolphin Reef after the
meeting to attend the St. Michael’s silent auction.
***
Mr. Pearce moved to adjourn, Mr. Wolff seconded and the vote was
unanimous.
______________________________
Mayor Jason Buelterman
___________________________
Vivian O. Woods, Clerk of Council