HomeMy Public PortalAbout20080626CCMINUTESPage 1 of 10
20080626 CITY COUNCIL MINUTES
Mayor Buelterman called the Consent Agenda to order at 6:28pm. Council members present were
Mayor Pro Tem Wanda Doyle, Charlie Brewer, Barry Brown, Eddie Crone, Dick Smith and Paul Wolff.
Also present were City Attorney Bubba Hughes and City Manager Diane Schleicher.
Mayor Buelterman listed the following items on the Consent Agenda:
- Agreement with Chatham County for Canal Maintenance
- Special Events Application: Sea Turtle Release by Burton 4-H Center, Aug. 7 (1-3p): waiver of
$100 application fee, set up 6-8 tables in parking lot next to TIMSC, parking passes for
approx. 30 volunteers
- Special Events Application: Taste of Tybee by Savannah Area Chamber of Commerce, Aug.
21 (5:30-7:30p): waiver of $100 event fee and free parking for approx. 800-1000 attendees
- Amendment to agreement with CH2M HILL OMI: related to 30 day extension water meter
reading (line item #505-4410-52-3850; $5,147)
- Amendment to agreement with CH@M HILL OMI: 60 day extension of services at the
wastewater treatment plant (line item #505-4310-52-3850; $9,366.33)
- Request for our of state travel: ICMA Conference, Richmond, VA (line item #1320-52-3500 &
3700)
- Alcohol License- Special Event (beer/wine): Taste of Tybee @ Tybee’s Parker Pavilion by
Savannah Area Chamber of Commerce on 8/21/08-Police Chief Price Approved
- City Council Minutes: 6/12/08
- Proposed addendum to contract for uniforms for Public Works and W&S employees-G&K
Services, Augusta, GA (line item #4210-53-1720, 505-4310-53-q720, 505-4410-53-1720, not
to exceed $10,000/year)
- Beach Renourishment 2008/2009: approval of letter to the DNR committing City to periodic
tilling of the Beach at the City’s expense after beach renourishment upon request by the
DNR (line item # 6125-54-1402, est. cost is $10,000 annually/request)
Mr. Wolff moved to go into Executive Session to discuss litigation, Mr. Smith seconded. The vote was
unanimous.
Mr. Wolff moved to end Executive Session, Mr. Brown seconded. The vote was unanimous.
Mayor Buelterman called the regular meeting of the city council to order at 7:00pm. Those present at
the Consent Agenda were also in attendance for the regular meeting.
Invocation and Pledge of Allegiance:
Reverend Eddie Adkins gave the invocation.
The Pledge of Allegiance followed.
The following announcement s were made:
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- Mayor Buelterman presented an appreciation plaque from the Rangers of Alpha Company,
1st Battalion, 25th Ranger Regiment for the City’s support of their water jump on June 10,
2008.
- Mayor Buelterman announced the Tybee Beautification Beach Sweep on July 5, 2008 at
6:00am at the Pier.
- Mayor Buelterman thanked the Fire Department for doing a great job putting out the marsh
fire on S. Campbell.
- Mayor Buelterman announced council seeking people to serve on the Historical
Preservation Commission. He requested anyone interested to submit their application to
Vivian Woods for council’s consideration.
Reports of Officers, Boards, Standing Committees and or invited guests:
Brannyn Allen gave a report to council on Special District Financing.
Mayor Buelterman recommended this information be discussed by council during their next
work shop.
Visitors:
Ross Howard, president of Tybee Fest gave a presentation on the history of Tybee Fest.
Maria Lancaster gave a report on the economic impact of Tybee Fest.
Jeremy Scheinbart announced his candidacy for the 4th District County Commission.
Ricky Barrow requested council allow Golf Carts to be used on Tybee. He said Georgia law
provides the legality of it as long as certain provisions are met.
Henry Levy requested an approximate $250,000 allocation in the budget to cover engineering
fees that would confirm or tweak the figures that were previously given to council.
Larry Nesbitt spoke in opposition to the proposed text amendment to 5-090.
Disclosures:
Mr. Hughes explained the same disclosures and same results unless someone objects to the
Recusal appeals from the First Reading. He said Mr. Brewer would still be recused for
The South End Overlay District.
Mr. Brown moved to approve the recusal appeals that were in place for the 1st Reading for the
2nd Reading, Ms. Doyle seconded. The vote was Unanimous.
Mr. Hughes explained for clarity that the issues concerned proximity of Ownership of some of
the property owned by council members in the North End Overlay District and The
South End Overlay District as being within 500 feet and causing
a disqualification.
Mr. Brewer actually owns property within the South End Overlay
District so he cannot participate.
Business legally presented:
Mr. Wolff moved to approve the Consent Agenda items, Mr. Brown seconded. The vote was
unanimous.
***
Mr. Wolff asked if the former proposal included two crossing areas on Butler. Mr. Hughes said
Yes you could only cross Hwy 80 or Jones Ave. in certain areas and we would probably want
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to maintain that. He said in spite of the recent changes he believes DOT still has to approve it
as long as it is a state highway. Council directed staff to look into how we can move forward on
the possibility of legalizing golf carts. Mr. Brewer said Tybee has to be very careful about the
restrictions placed on using Golf Carts on Tybee. He said being in that business they have to
have their vehicles tagged and insured and he wants to make sure if a 16 year old driver injures
someone or damages property he has the legal ability to cover the damages.
***
Proposed 30-day island wide amnesty period for Water and Sewer Utility customers without
Meters to voluntarily report their status to the city in order to bring them into compliance- In
Infrastructure committee recommended: Failure to act within amnesty period could result in a
penalty of up to four years worth of the estimated calculated water bills of what they would
have been plus the cost associated with being connected to the system and the meter.
Mr. Brown moved to approve, Mr. Wolff seconded. The vote was unanimous.
***
Service Agreement with Republic Services: trash hauling for the two compactors in the South
End District (line item # 540-4520-52-2113; $473.64/haul/compactor-est. total based on
6 tons/haul): Mr. Wolff moved to approve, Mr. Brown seconded. The vote was unanimous.
***
Mr. Brown asked Ms. Schleicher if they needed to shift money around to complete the 14th St.
Drainage project. Ms. Schleicher explained that they have $400,000 that has been shifted to
SPLOST to cover drainage and $200,000 for roads. She said the $600,000 will cover the 14th
Street drainage project but it would take a yearlong commitment. She said council could budget
In the following years to get back on the accelerated schedule for the other drainage projects.
Mr. Brown said even though we call this project 14th Street, it is being engineered to cover a
Larger area including 10th, 12th 15th and 16th Streets. Ms. Schleicher said just the outfalls.
Mayor Buelterman thanked Mr. Brown for staying on top of this project in the infrastructure
committee meetings. Mr. Brown said no more band-aids. Ms. Schleicher said as the Fort
Screven project nears completion, council can take left over money and transfer it to the
drainage projects. Mayor Buelterman said that’s assuming the change orders on Fort Screven
are not significant.
***
Mr. Brewer asked for the financial trends from the last budget work session to be put on the
overhead projector. He said in looking at the financial trends associated with departments. He
said you can look at the graphs and see where the dollars are flowing over time. He said we are
on an upward trend in spending in most departments. He said he is wondering at what point in
time and what council will have to face turning that growth into leveling or a decrease in
expenditures. He asked if this council is questioning expenditures enough.
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Ms. Schleicher responded that the Community Development department upward trend
represented the Tybrisa Project. She said Recreation and Culture represents that they have the
YMCA contract and we are not operating the GYM. She said that’s why we see such a drop in
that department. She said the reason for Public Safety increases is the city’s commitment to
ocean rescue and also hiring full time firefighters as opposed to relying on volunteers. She said
they are also spending more money for the baseline entry level salary for Policemen. She said
Public Works reflects a big jump because it includes Beach Renourishment money. She said the
city had a lot of deferred maintenance and we are spending a lot on it.
Mr. Smith said he believes in the next few years as we catch up with the downward trend in the
real estate market it will cause us to look very hard at our expenditures. He said the tax digest is
a trailing digest that reflects what has happened. He said in his opinion when considering the
millage for this year we are going to have to look at what we charge our citizens in property
taxes.
Ms. Doyle said under recreation and culture, number 13 of 18 in the budget she would like to
see this council consider the 2008 budget in that particular column with two exceptions. 1st
exception is the Royce Learning Center should be kept at $6,860 and Beach Bum should have
$1,500 put under them. Mayor Buelterman clarified that Ms. Doyle wanted the budget to revert
to the 2008 amounts with just the exception of the project read going from $3,430 to $6,860
and The Beach Bum Parade which was not listed because of a glitch going to $1,500 .
Mr. Brown suggested generating a pool of money for non profits and allowing the Hometown
Coordinator and Board of Directors review their request for money and make recommendations
as to how much they need. Ms. Allen said she had in mind to let the Better Hometown
Coordinator get in and have sixty or ninety days to get established before having a board of
directors established. Mayor Buelterman suggested that Mr. Brown’s idea be taken on by the
board for next year.
Mr. Crone moved to approve the budget with Ms. Doyle’s amendments. Mayor Buelterman
explained that Mr. Crone made a motion to approve the budget and they will go over the
amendments so that everyone will be clear on what Ms. Doyle’s amendments were. Mr. Wolff
seconded.
Mayor Buelterman said the Eastern Surfing Association got $1,000 last year. Ms. Doyle said she
didn’t have a problem with that if it was in the 2008 budget.
Mr. Brown asked if the capital outlay in the campground budget for 2009 was for the cabins. Ms.
Schleicher said yes. Mr. Brown said he would like to pull the $227,800 capital outlay money out
of the campground budget in order to see how the first six cabins perform. Ms. Schleicher asked
if council would consider leaving the money in the budget to allow Mr. Hemphill to come back
to council and request to construct the cabins in the winter. Mr. Brown said no.
Mayor Buelterman asked Mr. Hughes how they should handle the motion to approve the
budget. Mr. Hughes said the amendments should be taken first. He said the motion would stay
on the floor and you would take up the amendment first. He said the amendment is to amend
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the motion to reduce the capital expenditures for the campground cabins. He said you would
vote on the amendment and it either passes or fails and then you go back to the main motion.
Mr. Brown motioned to remove $227,800 from the capital outlay for the campground budget
and revisit it in six months to reconsider. Mr. Smith seconded. The vote was Brown, Smith
and Brewer in favor and Wolff. Doyle and Crone opposed. Mayor Buelterman broke the tie in
favor of the motion. Ms. Schleicher said because of taking out the capital items we will need to
amend his projected revenues. Mayor Buelterman agreed.
Ms. Doyle motioned to go back to the 2008 budget allocations under recreation and culture
with the following exceptions: project read/Royce Learning Center receiving $6,860 instead of
$3,430; Eastern Surfing Association $1,000 and change the Beach Bum Parade Allocation to
$1,500 with all the other items referred to in the 2008 budget column, Mr. Wolff seconded for
discussion. Ms. Doyle amended her motion to accept the same funding level as they received
in 2008 for a twelve month period. Mr. Wolff seconded the amended motion. Ms. Doyle said
the two museums are included as well, Mr. Wolff agreed. The vote was unanimous.
Mr. Brewer motioned to find a way to include $250,000 item in this budget for a study to
analyze the toll road. Mr. Brown seconded for discussion. Mr. Brewer asked that council trim
the other departmental budgets in order to come up with the requested amount. Mr. Smith
asked if Ms. Allen thought Georgia Tech might participate in the study for free. Ms. Allen said
they could ask Ga. Tech and UGA to try and locate partial funds or grants. Mr. Wolff expressed
concerns on timing due to Tybee being put way down on the DOT list for widening the roads and
he feels this cannot be accomplished until that widening project is completed. Mayor
Buelterman suggested allowing the study if the contingency fund grows to the amount needed.
Ms. Doyle said we have not gotten the results back from the class & comp plan and we do not
know what that will mean for salaries. She said we do need the study but we don’t need to
allocate the money right now. Mr. Brewer said he would like to see them move forward on
projects that will create revenue for the island. The motion failed with Brewer voting in favor
and Brown, Doyle, Crone, Smith and Wolff opposed. Mr. Smith clarified that Ms. Allen would
still contact Ga. Tech and UGA to try and locate funds for the study.
Mayor Buelterman said there is a motion on the floor to approve the budget as a whole with the
amendments that have been approved separately The vote on the approval of 1st Reading of
the budget was Wolff, Doyle, Brown, Brewer and Smith in favor and Crone opposed.
***
Ms. Doyle moved to reconsider the previous motion, Mr. Crone seconded. Ms. Doyle said
when she voted to approve the budget she approved taking the money out of the campground.
Mayor Buelterman said that is basically correct. She said she should have voted against it. She
asked how she can vote to approve the budget when she disagrees with that amendment. Mr.
Hughes explained that the record reflects Ms. Doyle voted against the amendment unless she
votes against the whole budget because she feels that strongly about that particular item. Ms.
Doyle said she does feel that strongly about that item. Mr. Hughes said council will have to
make the motion to reconsider the budget. The vote was Doyle, Crone and Wolff in favor and
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Brown, Smith and Brewer opposed. Mayor Buelterman broke the tie in opposition to the
motion to reconsider. Mr. Hughes said the vote stands.
***
Mr. Smith moved to approve the budget on Second Reading, Mr. Wolff seconded. The vote
was Smith, Wolff, Brown and Brewer in favor and Doyle and Crone opposed.
***
Mayor Buelterman said council plans to make all the Historic Preservation Commission
appointments at one time. Ms. Allen said she hopes to make an announcement at the second
meeting in July.
***
Mayor Buelterman expressed appreciation to the two people that applied to serve on the
Planning Commission to fill Sandy Chandler’s unexpired term due to his resignation. Mayor
Buelterman asked Ms. Morton to read out the votes for Planning Commission. Ms. Morton read
the following votes for the record:
Mr. Brewer voted for George Dausey.
Mr. Crone voted for George Dausey.
Ms. Doyle voted for George Dausey.
Mr. Brown voted for Debra Murff.
Mr. Smith voted for George Dausey.
Mr. Wolff voted for Debra Murff.
Mayor Buelterman announced George Dausey being appointed as a Planning Commission
member by a vote of 4 to 2 and his term will expire January 31, 2010.
***
Mr. Brown moved to approve for 2nd Reading the North End Parks and Overlay Ordinance and
map amendment, Mr. Wolff seconded. The vote was unanimous. The map was in the room
and displayed on the overhead screen.
***
Mr. Brown moved to approve for 2nd Reading the South End Overlay Ordinance and map
amendment, Mr. Smith seconded. The motion carried with Brown, Wolff, Crone, Doyle and
Smith voting in favor and Mr. Brewer recused. The map was in the room and displayed on the
overhead screen.
***
Ms. Doyle moved to approve for 2nd Reading, the Text Amendment to Article 11, Planning
Commission. Mr. Smith seconded. The vote was unanimous.
***
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Mayor Buelterman asked for an update on sidewalk repairs. Ms. Schleicher said there is a
Transportation Enhancement Grant that was written almost six years ago. She said we are very
near having the agreement signed by Georgia DOT. She said we are basically waiting for them
and then we will bid it out. She said hopefully we will be able to do a project this fall.
***
Proposed Text Amendment to 5-090. Mr. Wolff said for years we have had people asking for
variances to put elevator shafts into their side or rear setbacks. He said recently they have had
several people ask to add fire escapes to their homes. He requested sending a proposal to the
planning commission to eliminate the need for people with a legitimate hardship or public
safety issue to go through the variance process. He said if we modify the definition of hardship it
will fill the holes. He said it would save the people $250 plus having to go through the
cumbersome procedure. He recommended the following be added to the definition of
hardship: At least one resident of a dwelling built before January 1, 2008 has a physical handicap
requiring an elevator for reasonable access and the home is that persons principle residence or
that a dwelling built before January 1, 2008 which is the principle residence of its occupants is
deemed by the Fire Marshall to be unsafe due to having only one means of ingress and egress
and would be rendered safe by the addition of an emergency exit. If standards 3 or 4 apply any
encroachment into required setbacks would be minimized as much as possible and in no event
will encroachment exceed 48 square feet. He said that would encompass a six by eight foot area
and it would accommodate a gurney if needed in an emergency. Mr. Wolff moved to send this
proposal to the Planning Commission for discussion, Ms. Doyle seconded for discussion. Mr.
Hughes said what is proposed has merit but should be in the building code and not on its own.
He said the reason is the proposal defines a hardship by one particular exception tied to the
person and not to the property. He said zoning attaches to the land. He said in talking with Ms.
Allen he believes they can come back to council with an alternative. Ms. Allen explained that
the Planning Commission had asked staff to look into similar language whether or not it is in the
building code or land development code. She said they are looking into amendments to the
building code and have made progress to that end and would like to continue if it suits council.
She said their focus was on safety and ingress and egress on the second and or third story
depending on how you define a story. She said they were looking at making changes that would
require a second form of ingress and egress for second floor residences. She said it does not
address existing residences and the need for a variance at that point. Mr. Wolff amended his
motion to have staff continue their review of this situation and bring a proposal to Planning
Commission and Council based on Planning Commission’s recommendation, Ms. Doyle
accepted the amendment. Mr. Brown said he believes Chatham County or Savannah has a
second exit required in their building code. Mr. Brewer said he is concerned that a property
owner would be excluded from obtaining relief because of having their primary residence
elsewhere. The vote was unanimous.
***
Mr. Wolff said based on the presentation from the officials of the Alcohol, Tobacco and Fire
Arms department regarding their blanket permit costing $150 to $200 a year where either a
nonprofit or business whose primary business is not dispensing alcohol could have up to twelve
events per year or one a week. He said he wants to give a blanket permit with a cost that would
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pay for staff time and would be good for a calendar year or fiscal year. Mr. Wolff made a
motion for staff to investigate the possibility of having an annual permit for non profits and
local businesses that would comply with ATF rules and have a onetime fee for those groups,
Ms. Doyle seconded for discussion. Ms. Allen said this is something her staff can look into and
come back with a recommendation to council. The vote was unanimous.
***
Ms. Doyle said the city has a Beach Management Plan done in September of 2005 and was
approved by DNR. She asked everyone on council to read it. She said this plan has never been
permitted. She said if the plan was permitted it would actually help us in a lot of areas by being
pro active for beach renourishment, crossovers, snow fencing, marsh grass, snow fencing and
even the escarpments we deal with on the beach. She motioned for staff to look at this plan
and talk to DNR. She said as she understands it DNR will work with us to get this plan permitted
or help us to make any needed amendments in order to get it permitted. Mr. Wolff seconded
and said he thought the management plan had been approved because the task force had
worked on it for over a year and used a hired consultant and worked with DNR through the
entire process. Ms. Doyle said it has been approved but it hasn’t been permitted. Ms. Doyle said
if the management plan is permitted it would be for five years and we will not have to
continually go back and get permits for crossovers, etc. Ms. Allen said this is in response to DNRs
request for us to consider permitting the entire beach management plan to have a more
comprehensive approach to managing the beach and sand. She said she is not proposing
permitting the existing plan but to work with DNR in developing a revised plan and submitting a
revised plan for a permit. Ms. Doyle said the DNR was encouraging about Tybee bringing the
plan and applying for a permit. The vote was unanimous.
***
Mr. Hughes said it has been suggested that we have a text amendment to the land development
code for a public parks conservation district that would deal with Memorial Park and JC Park. He
said the proposed amendment would restrict the parks from further building by way of the
zoning ordinance. He said the text would read without an amendment to the zoning ordinance
itself there could be no further structures or buildings permitted. He said it was suggested that
the text include that should an existing building be destroyed by fire or calamity that it could be
rebuilt in its footprint. Mr. Brown said he proposed this text amendment in order to see
Memorial Park and JC Park in green grass forever. Mr. Smith asked if the proposal would include
the corner of 4th and Jones Street because that location was one of the sites selected by the ad
hoc committee for the Public Safety Building which is coming to council. Mr. Brown said the only
two considerations will be the fencing around the playground and the war memorial. Ms.
Schleicher said it would preclude us from adding onto this building and we have been looking at
adding onto the outside in order to have enough room for staff. Mr. Brown moved to ask Mr.
Hughes to proceed in order to get the language for a text amendment. The motion died for
lack of a second.
***
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Mr. Hughes said the developers of the Battery Row Subdivision are leaving the option of
dedicating that portion of the area to the city but they are requesting to go ahead and record a
plat for phase I so that it will be of record and they can begin selling lots while we straighten out
the other issues. He said there is no change in configuration of the lots in Phase I and we can
defer a decision on Phase II including the access road at this time which as previously approved
would have been a public road to be used to get to Phase I. He said there will be a disclosure on
the plat on Phase I with respect to the past history of the use of the adjacent property to the
East or North. He said the National Park Service will not initiate looking into a situation until they
have the documents in hand. He said we have a bike trail and a lift station that needs to be
conveyed to us and we need to get that done. He said the developers requested all of that be
included in Phase I while they get everything else straightened out in Phase II. He said he would
like to at least have that much approved contingent on the appropriate agreements being
reached in respect to the disclosure on the plat, the road relationship for access to Phase I and
all of the other issues concerning Phase II. Mr. Smith moved to approve the plat of Phase I, Mr.
Wolff seconded. Mr. Brown asked Mr. Hughes if there was any chance of this project becoming
another Weather wood. Mr. Hughes said in his opinion no. The vote was unanimous. Mr.
Hughes said as he understands it this would be contingent on all those things that were talked
about concerning Mr. Davis, etc. Mr. Smith said yes.
***
Ms. Schleicher said she had received a note from Woody Hemphill the campground manager
and basically when council took the capital money of $227,800 out of the campground budget it
wasn’t all for the cabins. She said $35,000 for Store Renovations and park enhancements with
upgrades to the electrical that is needed.
Mr. Hughes advised that someone that voted in favor of the budget would need to motion for
reconsideration in order to go back and make an amendment.
Mr. Wolff motioned for reconsideration of the budget, Ms. Doyle seconded. The motion
carried with Wolff, Doyle, Brewer, Crone and Smith in favor and Brown opposed.
Mr. Wolff moved to amend the budget just passed to add $35,000 for capital improvements
for the campground, Mr. Crone seconded. Mr. Brewer asked Ms. Schleicher to restate exactly
what council is adding back in to the campground budget. Ms. Schleicher said they are adding
$35,000 back in to capital items for the campground for store renovations and park
enhancements including electrical upgrades in the park. She said the recent fee increase was
based on the store renovations and electrical upgrade being completed. Mr. Brewer asked if the
improvements support the current revenue stream that is needed in the campground budget.
Ms. Schleicher said some of the revenue stream was based on the 6 additional cabins. She said
they would adjust the budget accordingly. Mr. Brown asked where the RFPs were and if they
had gone out. Ms. Schleicher said this is just an estimate for the work. The vote was Wolff,
Crone, Brewer, Smith and Doyle in favor and Brown opposed.
***
Mr. Wolff moved to go into Executive Session to discuss Personnel and Real Estate
Acquisition, Mr. Crone seconded. The vote was unanimous.
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***
Mr. Wolff moved to return to regular session, Mr. Smith seconded. The vote was Wolff, Smith,
Brown, Doyle and Brewer in favor and Crone having left during Executive Session.
***
Mr. Wolff moved to adjourn, Mr. Brown seconded. The vote was Wolff, Brown, Smith, Brewer
and Doyle in favor and Crone having left during Executive Session.
_______________________________________
Mayor Jason Buelterman
____________________________________
Vivian O. Woods, Clerk of Council