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HomeMy Public PortalAbout20080110CCMinutesPage 1 of 8 20080110 City Council Minutes Mayor Buelterman called the Consent Agenda meeting to order at 6:30pm. Present in addition to the Mayor were Council members Doyle, Brown, Crone, Smith, Wolff and Brewer. Also attending were City Attorney Hughes and City Manager Schleicher. Mayor Buelterman listed the Consent Agenda Items as: One Day Alcohol Permit for St. Michael’s Men’s Club on March 8, 2008 Alltel Communications amendment to Water Tower Lease will bring in additional $8,000 annually Mr. Wolff moved to go into Executive Session to discuss Real Estate Acquisition, Litigation and Personnel, Mayor Pro Tem Doyle seconded and the vote was unanimous. Mr. Wolff moved to return to Regular Session, Mr. Smith seconded and the vote was unanimous. Mayor Buelterman called the Regular meeting of the City Council to order at 7:00pm. City Officials present at Consent Agenda were still in attendance. Mayor Buelterman welcomed new Council Members: Barry Brown, Dick Smith and Charlie Brewer. Reverend David Laughner of Chapel by the Sea Baptist gave the Invocation and everyone recited the Pledge of Allegiance to the Flag. Mayor Buelterman requested everyone keep Celeste Shearhouse in their prayers. He said Celeste is Tom Coleman’s daughter. Mayor Buelterman thanked the Fire Department for participating during the Fires in Waycross last year. He said Chief Sasser attended a reception given in Thunderbolt by Jack Kingston and was given a flag that was flown over the capital. Mayor Buelterman honored former Mayor Pro Tem Sessions and former Council members, Mallory Pearce and Kathryn Williams with appreciation plaques. He said they served Tybee with honor and dignity and he will miss working with them. Carlotta Calloway announced the Inaugural Ball on January 12th at the American Legion. She said tickets are $20 each. She presented tickets to Mayor and Council from the Tybee Property Owners Association. Mary Ann Street announced Savannah Breeze Weekend on January 18th through the 21st. Page 2 of 8 Dorothy Solomon requested Council waive part or all of her water bill of $736. She said she owns four efficiency apartments and her residence and when she applied for her Senior Citizen discount was given the discount on all 5 meters instead of just her residence. When the water department audited her account they found the error and billed her for the water used in the four efficiency apartments for the last 28 months. She said she is not responsible for this error and feels she should not have to pay. Ms. Schleicher said the city offered to charge her just the prior base rate and give her extended time to pay the balance. Mr. Cullen Chambers asked to continue as the ex officio Historic Preservation Advisor for the City of Tybee. He also requested to continue serving on the Board of the Coastal Regional Development Council. He said he formed and currently chairs a Technical Advisory Committee which provides pro bono volunteer services for historic preservation issues to small communities in our coastal area. He requested the new council to form a committee to start addressing some of the deficiencies in our historic preservation ordinance. Mr. Donald Cowart asked council to form a committee to work out the problems at Lazaretto Creek before making a decision on anything permanent to be placed at the MRS property. He requested being able to participate on that committee. Mr. Paul Burns’s owner of the abutting property to the MRS property at Lazaretto Creek asked why he wasn’t contacted about the proposed changes to the demographics of the area. Mayor Buelterman said they weren’t changing demographics of the area they were just installing a fence. Mr. Burns said if you are moving that fence you will take away as many as 10 parking spaces from the area. He asked where the Café Loco cars are going to go when those spaces are taken. *** Mayor Buelterman opened the Public Hearings. *** Mr. Chuck Powell presented the petition for Site Plan Approval for Shell Solomon at 802 First Street, consisting of a commercial addition to an existing commercial structure. He said the Planning Commission recommended approval contingent on applicant having an approved drainage plan by the end of the month. He said that plan has been submitted. Mr. Wolff asked if proper procedure had been followed in reducing the width of the drive from 24 to 22 feet. Ms. Allen said the reason this wasn’t considered as a stand alone variance was because it was a part of a Site Plan and therefore any deviations from the code would be considered in the Site Plan. Mr. Hughes said in approving the Site Plan you would be approving a variance as part of that package. Mr. Wolff moved to approve, Mr. Brown seconded and the vote was unanimous. Page 3 of 8 *** Mr. Chuck Powell presented the petition for Site Plan Approval for a two sided billboard on a vacant lot for Mr. Paul Theron representing Mr. Ziv Navon at 211 Butler Ave. He said the Planning Commission voted to continue this request because there were a number of issues that were not met including details of the lighting plan and the site plan was not drawn to scale in regards to the location of the sign. He said they continued to allow petitioner to resolve the issues. Mr. Theron said the Planning Commission wanted the lights to shine from above and the electrician said they can position the lights anywhere they want them. He said the other option is to go with high pressure 250 W sodium lights to just focus on the board. Mary Ann Bramble said she was confused as to how big the sign will be because the drawing is not to scale. She said she was under the impression that a Site Plan required a drainage plan according to our ordinance. Ms. Allen said by the letter of our ordinance for Site Plans they are supposed to include drainage plans and a tree survey. She said it was her determination that we didn’t need a drainage plan for a billboard. She said it seemed unreasonable and would place a burden on the petitioner. Mr. Hughes said if there is not anything that impacts drainage then it puts an undue burden on the petitioner. He said the ordinance also requires a topographical map showing proposed contours and natural features that is not needed for a billboard. He said it is unreasonable for the city to insist on adherence to requirements that aren’t related to what the proposal is. Mayor Buelterman said his concern would be if the lights were going to shine in his bedroom is he was a neighbor to this billboard. He said he understands our ordinance does not give them the power to tell anyone how bright signage can be. Mr. Brewer said he and Mr. Levy are the remnants of a committee looking into developing a city wide lighting ordinance. He said they are waiting for the National association to give recommendations to City’s with a model ordinance. He said up-lighting is not the preferred method but down-lighting is. Mr. Richard Barrow asked council to make sure the petitioner meets all of the requirements with no variances. Mr. Paul Theron said Mr. Bargeron told him the city will require an engineered drawing showing that the sign can withstand the wind pressure. Mr. Brown asked what the distance was from the 3rd Street side to the pole for the sign. Mr. Theron said approximately 118 feet. Mr. Greg Stoeffler owner of the Desoto asked if our zoning ordinance had landscaping requirements to help decorate the sign for roadside appeal. Mayor Buelterman said it is not a requirement in our ordinances. Mr. Theron said he will discuss it with the owner and work on it. He said he didn’t see a problem with landscaping. Ms. Bramble asked if the ordinance required that the back of the sign be hospitable. Mr. Hughes said the ordinance reads that the back exposed view has to be covered, screened or painted. Ms. Sandi Postle said she is a sea turtle volunteer and any ambient light reflecting will get turtles on the street and that should be taken into consideration. Mr. Wolff moved to continue to get more details including turtle friendly lighting and unobtrusive to the neighborhood, Mr. Brewer seconded. Mr. Wolff restated his motion to Page 4 of 8 continue this and have the Planning Commission review it with a completed lighting plan. Mr. Brewer said he would like to see the drawings brought up to scale. Mr. Brewer seconded for discussion. Mayor Pro Tem Doyle said they need a site plan drawn to scale to reflect the distance. Mr. Wolff amended his motion and said he would like to send this back to planning commission for a complete lighting plan and scale site plan, Mr. Brewer seconded. Mr. Smith asked who would review the detailed lighting plan. He said he doesn’t know anyone on staff with the expertise to do that. Mr. Brown said he doesn’t know if our ordinance allows us to restrict lighting. Mr. Hughes said there is a turtle nesting lighting provision but it wouldn’t address this. Mr. Downer Davis said he does plan reviews that go beyond drainage. He said he usually goes to the source for the lighting and they will give him a photo method plan which shows the power of the lights to the property limits. He said he doesn’t think the project would have difficulty in getting one of these plans done. Mr. Brewer said most of the vendors like GE or Lithonia will furnish you photometric if you submit the lighting plan. He said someone in zoning could submit the plan and the vendor would come back with the photometric. Mr. Brewer said he would be glad to help zoning get that information. Mr. Brown asked if Mr. Wolff’s motion required a drainage plan. Mr. Wolff said no. And the vote was 5 in favor with Wolff, Brewer, Brown, Smith and Doyle voting in favor and Crone opposed. *** Mr. Chuck Powell asked council to consider sending site plan requirements to the planning commission for their review and recommendation for amendments to council. *** Mr. Powell said Planning Commission is setting up orientation for the new members that council will be selecting tonight. *** Ms. Schleicher recommended approval of a bid for an outfall pipe on 9th Street for $18,564.63. She said it was recommended by the infrastructure committee to go forward. Mr. Wilson said this will address the outfall all the way back to Butler and up to 11th Street. He said the pipes there are old and there is a 30” pipe that dumps into an 18”pipe which causes a serious impediment when it does rains. He said from the Marsh to Jones Avenue putting in 36” smooth bore pipe will alleviate drainage issues and also maintenance of that ditch line. Mayor Buelterman said this money is coming from SPLOST. *** Ms. Schleicher said the first change order is for water and sewer laterals for the ADA portable restrooms. She said this change order was not recommended and therefore was removed. She said they were originally looking at two locations for the portable Page 5 of 8 restrooms but decided to go with one because of already having water and sewer accessible. *** Ms. Schleicher said the change order to tint the concrete at the round about was for a cost of $850. She said the committee recommended approval. *** Mr. Crone said the infrastructure committee recommended following the City Managers recommendation regarding Ms. Solomon’s request to waive her water bill charges. Mayor Buelterman said Ms. Schleicher recommended giving her credit for the monthly charges not related to usage but to charge for water and sewer used. Ms. Schleicher said it will be based on the rate at the time of usage and if she needs time to pay we will set her up on a payment plan. Mr. Smith moved to accept the Infrastructure Committee recommendation, Mr. Crone seconded and the vote was unanimous. *** Mr. Wolff moved to keep Cullen Chambers as the ex officio Historic Preservation Advisor, Mr. Crone seconded and the vote was unanimous. *** Mayor Pro Tem Doyle moved to approve the bid for the outfall pipe at 9th Street, Mr. Wolff seconded, and the vote was unanimous. *** Mayor Pro Tem Doyle moved to approve the change order to tint the concrete at the roundabout for $850, Mr. Smith seconded and the vote was unanimous. *** Mayor Buelterman said historically we have elected the person with the most votes on the Island as the Mayor Pro Tem. Mayor Buelterman said Ms. Doyle was the top vote getter. Mr. Brown motioned to elect Ms. Doyle as Mayor Pro Tem, Mr. Wolff seconded and the vote was unanimous. *** Mayor Buelterman asked Ms. Woods to read the votes out for Planning Commission. Ms. Woods read the following ballot sheets: Mr. Wolff voted for Sandy Chandler, Bill Garbett, Mary Parks and Ed Pyrch. Mr. Smith voted for James Boyle, Sandy Chandler, Anne Miller and Whitley Reynolds. Page 6 of 8 Mr. Brown voted for Sandy Chandler, Henry Levy, Anne Miller and Debra Murff. Ms. Doyle voted for James Boyle, Sandy Chandler, Anne Miller and Whitley Reynolds. Mr. Crone voted for James Boyle, Sandy Chandler, Whitley Reynolds and Alfie Waite. Mr. Brewer voted for James Boyle, Sandy Chandler, Anne Miller and Alfie Waite. Ms. Woods said the top four were Sandy Chandler with 6 votes, James Boyle with 4 votes, Anne Miller with 4 votes and Whitley Reynolds with 3 votes. Mayor Buelterman expressed appreciation to everyone that put their names in to serve on the Planning Commission. *** Mr. Smith moved to approve the reappointment of Cecil Delorme, Harvey Ferrelle, Mary McCraken and John Wylly to the Beach Task Force as recommended by Chairman Lou Off and appointing new members Jimmy Burke, Harry Spirides and Greg Stoeffler. Mr. Brown seconded and the vote was unanimous. *** Mayor Pro Tem Doyle moved to approve items on the Consent Agenda as listed, Mr. Wolff seconded and the vote was unanimous. *** Mr. Brown recused himself for the discussion of the MRS fence due to his being an officer in the organization. Mr. Crone moved to approve installation of the MRS fence, Mr. Smith seconded. Mr. Wolff said he doesn’t think they should make changes until there is a written agreement with the neighboring property owners. Mayor Pro Tem Doyle said whether or not this passes she would like for the city to continue to look at the issues with this property. She said the fence is temporary and can be taken down if needed. She said they need to focus on the bigger issues. And the vote was 4 with Crone, Smith, Brewer and Doyle voting in favor and Wolff voting against. *** Mr. Smith requested asking the legislature to approve the election by seats or posts for the City Council of Tybee Island. Mr. Smith gave the example of Mr. Wolff being in seat or post 1 and Mr. Smith being in seat or post 2 and it would go all the way to Mr. Brewer that would be in seat or post 6. He said it would make elections a lot fairer because candidates could run against and debate one person. Mayor Buelterman asked if this proposal would affect the length of terms. Mr. Smith said it would not. Mr. Hughes said in the past Mr. Day has asked that we conduct public hearings if we decide to move forward with this. He said we would prepare a resolution and legislative council prepares Page 7 of 8 a bill and the local delegation can get the bill passed and it would have to be on a referendum which would be on the November ballot. Mr. Hughes said the cost would not be prohibitive. Mayor Buelterman asked if Mr. Smith made a motion to hold a public hearing in two weeks then this could move towards the legislature at that time. Mr. Hughes said that is correct. Mr. Wolff said Tybee is so small and interactive it needs to keep the top six vote getters in office. Mr. Smith said election by seats and posts would avoid the fruit basket turnover that happened in the last election. Mr. Smith moved that we have a public hearing to elect City Council by Posts 1-6, Mayor Pro Tem Doyle seconded for discussion. Mayor Pro Tem Doyle said all we are doing is voting to have a public hearing and there would have to be another vote taken. Mayor Buelterman said yes and the public would get to express their opinion on the subject and we would have to vote to officially send it to the state. Mr. Brewer said he is open to hearing what the public hearings would bring. And the vote was 5 in favor with Smith, Doyle, Brown, Crone and Brewer voting in favor and Mr. Wolff opposed. Mayor Buelterman said we will have a public hearing in two weeks. *** Mr. Wolff said he has been accepted into the 7th class of the Institute of Environmental Leadership. He said they select 33 people state wide every year to participate. He said there are four-three day sessions in different parts of the state including representatives from the governor’s office, industry, forestry service, fish and wildlife, DNR, EPD and other elected officials. He said the purpose is to find common ground on what might ordinarily be adversarial positions. He said attendance is required and he was awarded a maximum scholarship of 50% but that left a balance of $1,425. He said Mr. Crone has offered $1,000 of his travel budget towards this expense. He said Ms. Schleicher has decided this is education instead of travel and asked him to request a budget adjustment. Mr. Wolff moved to approve transferring the money to allow him to attend this training, Mayor Pro Tem Doyle seconded for discussion. Mayor Pro Tem Doyle said she is concerned with making a budget adjustment so early in the year and asked where the money is coming from. Mr. Wolff said from Mr. Crone’s travel budget to mine and then from my travel budget to my education budget. Mayor Pro Tem Doyle asked how much was in the budget for travel and training. Ms. Woods said she thought the councils travel budget was $1,800 a piece and $5,000 total for training. Mr. Wolff said he looked at the budget document today and it gave $2,000 a piece for council’s travel. Mr. Brewer requested the correct numbers. Mr. Brown asked what last years amount was. Mr. Brewer asked if this was something that had to be submitted immediately. Mr. Wolff said yes because he has to get training materials to study and the due date is February 15th. Mr. Brewer asked what is required of council to bring back from training if the city is going to invest these dollars in training. Mayor Buelterman said all new council members are required to attend the GMA Newly Elected Officials training and there are other GMA classes that we can take. He said generally council members attending training sessions give a report to council on what they learned from the conference. Mayor Pro Tem Doyle said having Mr. Wolff chosen out of many applicants is an honor for the city and she thinks we should allow him to attend. Mr. Smith said he doesn’t have a problem with Mr. Page 8 of 8 Wolff attending as long as it benefits the city. And the vote was 4 in favor with Wolff, Doyle, Crone and Brewer voting in favor and Smith and Brown opposed. *** Mr. Hughes said the resolution establishing the committee for the public safety building was about to expire and there is a resolution prepared to extend the term and to also recognize that Mr. Smith is now a council member and would designate him as a ex- officio member of the committee to keep the continuity going. Mayor Buelterman explained this committee is working on locations for a public safety building to be paid for out of SPLOST funds that were designated several years ago. Mr. Wolff moved to approve, Mr. Crone seconded and the vote was unanimous. *** Mr. Wolff moved to approve going into Executive Session to discuss Personnel, Litigation and Real Estate Acquisition, Mayor Pro Tem Doyle seconded and the vote was unanimous. *** Mr. Wolff moved to approve returning to Regular Session, Mr. Crone seconded and the vote was unanimous. *** Mr. Wolff moved to adjourn, Mr. Brewer seconded and the vote was unanimous. ___________________________________ Mayor Jason Buelterman _______________________________ Vivian O. Woods, Clerk of Council