HomeMy Public PortalAbout20080814CCMinutesPrepared by vwoods 8/27/08 Page 1 of 8
20080814 City Council Minutes
Mayor Buelterman called the Consent Agenda to order at 6:30pm. Council members present were
Mayor Pro Tem Doyle, Charlie Brewer, Barry Brown, Eddie Crone, Dick Smith and Paul Wolff. Also
present were City Attorney Bubba Hughes, City Manager Diane Schleicher and Planning and Economic
Development Director Brannyn Allen.
Mayor Buelterman listed the following items on the Consent Agenda:
- Budget Amendment for additional Firefly Units & Installation-505-4410-54-2501 ($73,226);
505-00-39-1201 ($73,226).
- Special Event Application for Savannah Historic Foundation Gala at Lighthouse-including
parking at North Beach Lot from 6-10pm for approx. 250 on October 25, 208.
- Special Event Application for 13th Annual Toys for Tots Freedom Run-requesting waiver of all
fees associated with this event; $100 Special Event Fee; $500 for Gym use on September 6,
2008 8-11am.
- City Council Minutes 7/24/08
- New Alcohol License with Sunday Sales/The Sand Bar Sushi Bar, Inc. 1512 Butler Ave. for Ana
Olsen.
- One Day Alcohol License/Friends of Tybee Theater @ Lighthouse-September 20, 2008.
- Proclamation Honoring Jack Kingston’s service to senior citizens-August 19, 2008
Mr. Wolff moved to go into Executive Session to discuss Real Estate Acquisition and Litigation, Ms.
Doyle seconded. The vote was unanimous.
Mr. Wolff moved to return to regular session, Mr. Crone seconded. The vote was unanimous.
Mayor Buelterman adjourned the Consent Agenda.
Call to Order:
Mayor Buelterman called the regular meeting of the City Council to order at 7:00pm. Those at the
Consent Agenda were also in attendance for the regular meeting.
Perb Fortner gave the Invocation.
Everyone recited the Pledge of Allegiance to the Flag.
Reports of Officers, Boards, Standing Committees and or invited guests:
Col. Ed Curtis, Hamp Spradley and Burt Moore of the U.S. Army Corps of Engineers gave a presentation
on Beach Renourishment. Col. Curtis said the bids came in very favorable for the full scope of the
project. Mr. Spradley gave a presentation outlining the project overview. He said they are planning to
award the bid in September and start placing sand in October. Mr. Moore explained the equipment
involved and the process for renourishment. He said they will place at least 1.2 million cubic yards of
sand on the beach. He said the template starts at Gullick Street and comes down the front beach to
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approximately 19th Street. Staging areas are North Beach Parking Lot, 14th Street Parking Lot, 19th Street
Parking Lot & Inlet Avenue. Contractor Beach Access is Gullick Street, 2nd Street, 3rd Street, Center
Street, 19th Street and Inlet Avenue.
Mayor Pro Tem Doyle thanked Mayor Buelterman for his hard work on obtaining this beach
renourishment for Tybee.
Announcements and Visitors:
Mayor Buelterman announced St. Michael’s School recycling of injects, laser toners and cell phones for
fund raising.
Mayor Buelterman announced the relocation of the podium during council meetings and using
professional titles instead of first names when addressing city officials as two items discussed and
implemented at the July 26th Council Retreat.
Sandy Major said the Tybee neighbors have been working with the Police Department and will kick of
the neighborhood watch program in October. She gave results of the latest surveys on Planning
Commission, Casino Gambling and the Ethics Ordinance that were conducted on their website.
Bill Cannon of the Tybee Beautification Association announced adopt a highway on Saturday, August
16th at 8:00am at the Tybee Sign. He also announced the Beach Sweep on September 27th and Low
Country Boil on October 4th.
Disclosures/Recusals:
Doyle recused for 2nd Public Hearing due to owning property within 500 feet of 1126 Hwy 80/Chris
Chandler Site Plan Approval for Bed & Breakfast.
Brown recused for 2nd Public Hearing due to owning property within 500 feet of 1126 Hwy 80/Chris
Chandler Site Plan Approval for Bed & Breakfast.
Brewer disclosed property ownership at 505 feet from 1126 Hwy 80/ 2nd Public Hearing-does not require
recusal.
Mr. Brown said this ordinance is very confusing because even though we have been through this one
time and one Councilman voted on a property decision that was within 500 feet of property he had
financial interest in. He said now we are back to if property interest is within 500 feet we are not
allowed to participate. Mr. Hughes said during the course of that previous meeting he was asked a
question and he had his legislative and semi judicial real property decisions confused. Mayor
Buelterman said we have an ongoing process to revise the Ethics Ordinance and up until that is done we
need to abide by what we have on the books.
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Mr. Hughes advised council concerning recusals required on the Shore Protection Ordinance and said
the first motion would be to waive the recusal requirement with respect to those that have an interest
within 500 feet of the Shore Protection Area. Mr. Crone moved to waive the recusal requirement for
Council Members Smith, Brown and Brewer who have interest in property within 500 feet of the area
impacted by the shore protection ordinance, to allow their participation in the Shoreline Protection
Ordinance, Brewer seconded. The vote was unanimous.
Mr. Wolff moved to approve recusal appeals for all City Council members that received campaign
contributions from property owners within the Shoreline Protection Jurisdiction, in order to allow
them to participate in the Shoreline Protection Ordinance vote, Ms. Doyle seconded. The vote was
unanimous.
Public Hearings:
Mayor Buelterman opened the public hearing on a Zoning Variance (Section 5-090) from Section 3-090-
Virginia & John Duncan request for side setback variance at existing duplex unit for new stairs at 1429 E.
Estill Ave. PIN 4-0022-01-356 in Zone R-2. Ms. Allen said the petitioner is requesting to encroach into the
10 foot side setback by 3 feet 4 inches. She said Planning Commission recommended denial. Dr.
Duncan said he and his wife are concerned with only having one entrance and exit from their home. He
said the existing entrance and exit are at the Kitchen and that’s the most likely place for a fire to break
out. He said he doesn’t know if spiral stairs are an option considering he walks with a leg brace. Mr. E.T.
Smith said the only viable place for stairs is the side of the house because the deck borders on the marsh
in the back and there isn’t room to put stairs under the deck. Mr. Brown said stairs coming from under
the deck would actually take up more space in the side setback than if they came straight down the side
because they would need 160 inches of distance from the platform for the treads. Dr. Duncan asked why
Tybee didn’t have an ordinance requiring two exits from property. Mayor Buelterman read a letter from
the Sandy Shores Home Owners Association expressing support for Dr. Duncan’s variance. Mr. Wolff
asked if steps on the other units at this location were requested or granted. Ms. Allen said they could
find no documentation in the files for variances or permits issued. Mr. Wolff said council wants double
egress access for primarily fire escapes and he doesn’t think they should grant a variance before the
ordinance is amended even if it doesn’t set precedence. Mayor Buelterman closed the public hearing.
Mr. Crone moved to approve, Ms. Doyle seconded. The vote was Crone, Doyle, Brewer, Brown and
Smith in favor and Wolff opposed.
***
Mayor Buelterman opened the public hearing for a Site Plan Approval (Section 5-080) Chris
Chandler/Bed & Breakfast (Section 3-060) 1126 Hwy 80 PIN 4-0026-11-023 in Zone C-2. Ms. Allen said
the petitioner has already received approval to operate his facility as a special event facility. She said he
is requesting to expand that use to include use as a commercial bed and breakfast in addition to the
special events facility. She said Planning Commission did recommend approval with conditions of
limiting bed and breakfast units to 3 and limiting guest in those units to 8. Mr. Chandler said the reason
he is making this request is because his guests that rent the facility periodically request to stay
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overnight. Mayor Buelterman closed the public hearing. Mr. Smith moved to approve with Planning
Commission conditions of limiting units to 3 and limiting guests to 8, Mr. Crone seconded. The vote
was Smith, Crone, Brewer and Wolff in favor with Brown and Doyle recused.
***
Mayor Buelterman opened the public hearing on Site Plan Approval (Section 5-080) Jeff Cramer/New
Commercial building 211 Butler Ave. PIN 4-0004-08-004 in Zone C-1. Ms. Allen said the predominant
use would be retail or commercial. She noted council packets containing two site plans because the
petitioner revised the site plan due to information received at Planning Commission. She said Planning
Commission recommended Denial. Mr. Cramer said you would come in from Butler Ave. and it would
bring you to the front door. He said parking is contained in the center of the site. He said the plan
shows an access entrance on 3rd Street and another on Lovell Ave. He said they reworked the dumpster
in the center of the site according to neighbor concerns and reduced the size of the building by 200
square feet in order to accommodate parking requirements. He read a letter from Whitaker
Laboratories stating samples taken from the property show near surface soil was not filled in. Mr.
Mahoney acting attorney for the property owner said they were requesting access on Lovell Ave. to
enhance fire and emergency response. Ms. Doyle asked if petitioners were planning to remove any of
the dirt on that property. Mr. Boswell responded that they were planning to remove about 2 ½ feet off
of the top of the mound at the edge of the parking lot back to 3rd Street. Ms. Doyle asked Ms. Allen to
explain why staff recommended denial. Ms. Allen explained that staff had several concerns with one
being the Lovell Street access; the employee parking being stacked three deep as opposed to two deep
as is often the case; possible interference with commercial parking was also a concern. She said they
have additional concerns with the balance of the site. She said they requested the petitioner define the
site and show the area currently being used for parking as a parking area or give some indication of what
the balance of the site would be used for. Mr. Brown said it looks as if it is a half site plan to him
showing the other half as future development without defining what that would be. Mr. Wolff said if
the petitioners are going to piece meal this project they need to subdivide the lot or have a plan that
includes the entire property. Ms. Allen said if this site plan is approved it would negate the existing site
plan approval for the billboard sign. Mr. Wolff said the dumpster was moved to another area on Lovell
where it will impact other neighbors. He recommended the dumpster be moved to space 26 that would
actually be in the center of the property and away from the residents. He said regarding the curb cuts
on 3rd and Lovell, he could see maybe one and only if it was labeled emergency vehicles only. He said
the biggest problem is the parking lot is non pervious in an area already effected by drainage issues.
Mary Ann Bramble said when her family purchased their property on Lovell Ave. the lot at 211 Butler
was on the same level as her property. She said it now sits at least four feet higher. She said the reason
the fill matches surrounding soil is because it came from around Tybee. She said her issue is that lot has
been raised and they have flooding issues. Mayor Buelterman closed the public hearing. Mr. Wolff
moved to deny, Mr. Brewer seconded. Ms. Doyle said she doesn’t have a problem with a building being
here but she has a problem worrying about the drainage in that area, the curb cuts and the additional
space that is not a part of this plan. She said the non pervious parking bothers her too because if you’re
in residential you are required to put in pervious drives but here is an area with drainage issues and we
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are looking at non pervious parking lot. Mr. Brown asked if the ordinance dictating one structure on one
parcel of land would apply and how that would affect the other part of that property. Mr. Hughes said
you can only have one principle structure without subdividing the property but in ordinance 3-070 under
certain circumstances more than one can be allowed including a restriction on the use approved by the
Mayor and Council. The vote was unanimous.
***
Mayor Buelterman opened the public hearing on a Text Amendment Shore Protection Ordinance-would
repeal Section 5-010J, Shore Protection with Variance Clause. Ms. Allen said there was discussion in
Planning Commission about seawalls that was addressed. She said Planning Commission recommended
approval. Mayor Buelterman said there was discussion at the last Planning Commission that the line
would be established before the renourishment starts. Mr. Wolff said the Corps should have that
information but if not then Eric Olsen will because he took coordinates every 100 feet along the beach in
his design template. Mr. Smith said if renourishment is going to start October 1st someone better figure
out how much land we need to survey and how much it will cost. Mr. John Major explained the process
the Planning Commission had gone through at Council’s request in order to generate the ordinance. He
said the proposed ordinance is consistent with our Master Plan. He encouraged Council to adopt the
new ordinance. Mr. Brown asked if the proposed ordinance would not allow someone to build back if
their residence is 80% destroyed by a storm. Mr. Hughes said that is correct you would not have an
absolute right to rebuild. He said this portion including the 80% comes from the state act. Mr. Wolff said
they could fix that by adding without a permit obtained from the City and DNR. Ms. Phyllis Flynn who
owns property at 29 Pulaski St. asked if this ordinance will open the door for Battery Backus to be torn
down and allow two houses to be built there. Mr. Hughes responded that what could be done over
there would depend on the toe of the dune. He said he recollects the DNR determined the toe of the
dune is immediately at the battery and if that is the case, that portion of the battery couldn’t be
removed without permitting or some form of relief. Mayor Buelterman said this is currently under
litigation and it will be up to a determination of the legal system. Mr. Ed Cawley asked to include the
actual seawall in the North beach area as a delimiting factor in the ordinance. Mr. Smith asked Mr.
Cawley if he knew of a piece of private property that the seawall is a part of. Mr. Cawley said there is
that potential but he does not know of any private property that contains the seawall. Mr. Hughes said
he doesn’t think anyone has a clear picture of where the seawall is located. He said he would not want
to include that without everyone knowing where the seawall is. Mr. Perb Fortner said the wording is
confusing where it states no building activity within 250 feet of the high water mark and a special review
is required. He said he is opposed to the 80% figure if we should have an event like New Orleans and
Mississippi and thinks we should think about this before an event happens. He said if a structure is
destroyed by wind and the foundation remains, would the owner get to build his residence back? Mr.
Harold Yellin said there are many structures at Tybee that are already within 10 feet of the toe of the
dune and he asked if a property owner could build vertically if they were not coming any closer to the
dunes than they were already. He said he is concerned with what happens with that 80% figure if a fire
breaks out instead of a storm. He said his last concern is if someone owns a house within the 10 foot
toe of the dune and wishes to demolish the house in order to construct a house further back, this
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ordinance would not allow them to demolish the structure in the dunes. He said this is a shore
protection ordinance and not a Historic Preservation Ordinance. Mayor Buelterman closed the public
hearing. Mr. Crone moved to repeal every bit of Tybee’s Jurisdiction Line Ordinance and revert it back
to State, Ms. Doyle seconded. Mr. Wolff said he thinks that would be a giant step backward. He said this
ordinance is the culmination of several years of work by a lot of people with scientific data. He said he
would like to see the ordinance amended to include the changes discussed tonight and sent back to the
Planning Commission for further review. Mayor Buelterman said he has always supported Tybee having
its own ordinance because it was clear Tybee needed to take extra steps to make sure it did not move
out and advance seaward. Mr. Brown said he doesn’t think this ordinance represents the final product
and he doesn’t like the 250 foot rule or the 80% destroyed and no build back. The vote was Crone,
Doyle, Brewer and Brown in favor and Smith and Wolff opposed. Mr. Hughes explained that he will
prepare an ordinance reflecting council’s intention, for them to review. He said effectively repealing an
ordinance will take two readings. He said to do it safely there needs to be a public hearing and it needs
to go to Planning Commission. Mr. Smith asked if Council can repeal an ordinance without having
another ordinance to take its place. Mr. Hughes said you have to have an ordinance in proper form in
order to make something effective. He said we don’t have a proper ordinance that accomplishes what
the motion was so the motion effectively directs him to write it and until it is finished the status quo will
be under the same existing current ordinance.
***
Mayor Buelterman opened the public hearing on a Text Amendment to Article 11, Planning Commission-
Amendment to Section 11-030, Membership, and Section 11-050, Filling Vacancies. Ms. Allen said this is
a text amendment to reduce the number of Planning Commissioners from 9 to 7 members. She said
Planning Commission recommended allowing the terms for five of the members be allowed to expire as
scheduled thereby reducing the number by attrition and at that point the Council would appoint three
members instead of five and additionally any commissioners that resign or for whatever reason leave
the Planning Commission before January 2009 not be replaced. Mayor Pro Tem Doyle asked what if
three people resign and we are left with an unbalanced board. She said the first recommendation by
the Planning Commission is what she actually thought they were heading toward. Mr. Hughes said the
prepared ordinance in the agenda packet says that in the event more than two vacancies are created
council shall only make a sufficient number of appointments so as to result in no more than seven
people serving. Mr. Powell spoke as the elected Chairman of the Planning Commission and said he and
Vice Chair John Major wrote a statement. They feel that this proposed ordinance before you tonight will
abolish and create a less effective Planning Commission rendering it to be a tool used by City Council for
purposes not intended by City Charter and Planning and Zoning Ordinances. He said they are opposed
to the changes mainly because they will dilute the diverse makeup of the Planning Commission and
weaken its independence as an advisory body and compromise its function as an impartial public
hearing body and violate our own Article 11 ordinance and create the appearance of cronyism. Mr.
Henry Levy said he doesn’t think it matters how many people Council puts on the Planning Commission
but what matters is the quality, training and experience of those people. He said Council should appoint
people to the commission that have knowledge of urban planning and only very rarely should council
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overrule their recommendations. Ms. Kathryn Williams asked why. She said she doesn’t understand
what’s going on and the motives behind this. She said Councilman Brewer first mentioned this topic a
couple of weeks ago and mentioned efficiency and streamlining government. She said she has heard
other discussions behind the scenes of why council is making this move. She asked why Councilmen
Smith and Brown didn’t think the number of members should be reduced when they served as
Chairman of the commission. She said Councilman Brewer served on the Commission also and never
saw a need to reduce the size. Mr. Smith said he served on the Commission for seven years and was
happy to serve and expected nothing in return. He said the Council that appointed him could have
proposed the number change at any time and it would have been fine with him because he served at
the will of council. He said the PC members whose terms expire in January will expire and the members
whose terms do not expire will not expire and anyone that wants to can reapply to serve along with new
applicants. He said he agrees with Mr. Levy that it is the quality and not the quantity of the board that
matters. Mr. Smith said he has not heard of or been a part of secret meetings. Mr. Dave Postle said he
has deemed it a privilege to serve the citizens of Tybee. He said he is grateful for the show of respect
from three members of the former council to support his candidacy. He said he would be willing to
resign his position immediately if Mr. Dausey would resign also and that would leave seven members
with four core members able to serve out their terms. Mr. Brewer said he stands by what he said and
he thinks it is the task of council to make government as efficient as they can. He said he agrees with Mr.
levy that it is not the quantity but the quality of the people on the Commission. He said he believes this
will lead into other areas and believes our government is too large and recommended people look at the
overflow at City Hall. He said he is sure there are a lot of requests placed on staff by Planning
Commission that requires a lot of staff time that may not be accounted for in that analysis. He said he
believes the number recommending being equal to the number approving is very appropriate. Mr.
Brown said as far as he knows there was never the intent to ask anyone to leave their positions. Ms.
Doyle said she thought the intent was to have them serve out their terms not to abolish or do away with
the commission. Mr. Major asked Mr. Hughes to explain why they received an ordinance to abolish and
immediately appoint a seven member Planning Commission. Mr. Hughes explained that when the
motion was made at the Council meeting there was a comment that the easiest way to do this would be
to terminate and reinstate seven members and that businesses do it all the time. He said he sent it
down with that as an option and attrition as the other option. He said for some reason when it got to
Planning Commission it only had the one option on it. He said he explained the options to the Planning
Commission during their meeting. He said as a result of this a change has been implemented where no
ordinance goes to the Planning Commission for review without Council seeing it first. Mr. Powell said he
went back and reviewed the council meeting six times. He said Mr. Brewer said just like reorganizing a
company everyone resigns and they have to reapply for their job. He said Mayor Buelterman then asked
if the motion needed to be restated or if the City Attorney understood the motion. He said Mr. Hughes
said he understood the motion and knew what to write. He said Mr. Brewer was suggesting that the
Planning Commission be abolished and seven new members be appointed. Mr. Powell defended the
quality of the Planning Commission and said Ms. Allen has gone out of her way to create training
opportunities for them and now there is an orientation program for new members. Mr. Cullen
Chambers said he considers this commission to be the finest he has worked with in his fifteen years at
Tybee. He said something is wrong here because first council wants to do away with the Ethics
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ordinance that citizens and volunteers worked on and now council wants to do away with the shore
protection ordinance and it wants to gut and tightly manipulate the planning commission and not one
person has stepped forward and said in the place of the Planning Commission that this proposed gutting
and savings to the citizens is more important than the public trust. He said we are so tired of a
government that no longer represents the people. Mr. Crone moved to approve, Mr. Brewer
seconded. Ms. Doyle asked if this was the reduction from nine to seven members but leaves the
commission members until their term is up until January 31, 2009. Mr. Hughes said it would also include
the text that in the event that two were to become vacant between now and then they will not be filled
but if more than two become vacant council would appoint so as to get at least seven. Mr. Wolff said
each council appointed committee is unique and requires members that possess unique talents. He said
the Planning Commission, Audit Committee and The Beach Task Force are specialized to perform distinct
functions and it may take more or fewer people to perform those functions. There is no cookie cutter
solution to how the committees should be structured. He said the Chatham County Commission has
only nine members but the MPC has dozens. He said they need that kind of expertise and diverse
opinions to make informed decisions on zoning and land use issues. He said he would rather have two
additional perspectives on the Planning Commission than save $350. The vote was Crone, Brewer,
Doyle and Smith in favor and Wolff and Brown opposed.
***
Mayor Buelterman opened the business meeting and listed the items on the Consent Agenda. Mr.
Smith moved to approve the Consent Agenda, Mr. Crone seconded. The vote was unanimous.
***
Mr. Wolff moved to adjourn, Ms. Doyle seconded. The vote was unanimous.
____________________________________________
Mayor Jason Buelterman
_____________________________________
Vivian O. Woods, Clerk of Council