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HomeMy Public PortalAbout20081113CCSynopsisCorrected on 03/03/09vw Page 1 of 6 220081113 City Council Synopsis (Corrected) Mayor Buelterman called the Consent Agenda meeting to order at 6:30pm. Council members present were Mayor Pro Tem Wanda Doyle, Charlie Brewer, 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: - Beach Task Force Committee: Request for City Council to send a letter to Jasper Joint Project Office on behalf of the City requesting Tybee Island to be part of Georgia/South Carolina Jasper Port Long Range Planning. - Special Events Application: Lights on for Tybee 12/12/08 6:30pm: asking for closure of Tybrisa Street from 5:30pm -9:00pm this includes all around the Roundabout. Also tree setup & any preparations needed for this event will be provided by DPW. - Special Events Application: Polar Bear Plunge January 1, 2009 11:00am-1pm, requesting waiver of fees for special event ($100), vendor fee ($25) & Beach Permit fee ($25) Totaling $150. Also asking for City sponsorship for assumption of liability. - Special Events Application: St. Michael’s Oyster Roast-February 1, 2009 10:00am to 6:00pm at Memorial Park Pavilion. - Special Events Application: Art in the Park-Mom’s Day May 9th-10th, 2009 10:00am-6:00pm. Permission for vendors to drive on grass for loading & unloading only. Also asking DPW to provide trash/recycle containers. TAA to pay for parking cones and Port-a-Jons. - Special Event Application: Festival of the Arts-October 17th-18th, 2009 10:00am-6:00pm. Requesting 45 parking passes for artists & volunteers, also 7-15 vendor spots at base of pavilion and additional vendor spots between Marine Science Center and the strand. - Special Event Application: - Art in the Park-Tybee Days November 21-22nd, 2009 10am to 6pm Permission for vendors to drive on grass for loading and unloading only. Also asking DPW to provide trash/recycle containers TAA to pay for parking cones and Port-a-Jons. - Resolution for Authorization to apply for Georgia Recreational Trails Grant/max $12,100 City Share - Request for applicants to the Better Hometown Board of Directors: To be appointed in January, 2008. - Suspension of Parking Enforcement: Only for payment & parking duration at meters from 11/28-12/31/2008. 100-00-34-5415 parking revenue loss is estimated to be less than $20.000 - Minutes for City Council Workshop: 10/18/08 - Alcohol License for Special Event- St. Michael’s men’s Club @ Memorial Park. - Motorola Agreement for Police Department/Maintenance and Support. Mayor Buelterman adjourned the Consent Agenda. Corrected on 03/03/09vw Page 2 of 6 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. Disclosures / Recusals: Mayor Buelterman disclosed friendly relationships with the owners of Huc-a-Pos and Stingray’s. Mr. Brown disclosed friendships with owners of Stingray’s. Mr. Brewer recused himself from discussion on the Noise Ordinance due to his Son’s ownership of 1106 because they do have outside music. Mr. Wolff disclosed that he owns a B&B but will not be affected by the Text Amendment because of having only two bedrooms. Mr. Hughes said any effect the Text Amendment may have on Mr. Wolff would be remote and speculative. Mr. Smith moved that Mr. Brown and Mayor Buelterman be able to participate in discussion and voting on the North End Cultural Overlay District, Mr. Crone seconded. The vote was unanimous with Mr. Brown not voting. Public Hearings: Mayor Buelterman opened the public hearing for a zoning variance (Section 5-090) from Section 3-090, Schedule of Development Regulations, Height Variance for new single family structure. Elizabeth & Thomas Shook at 3 Tenth Street. PIN 4-0006-15-006, Zone R-2. Mayor Buelterman closed the public hearing. Ms. Doyle moved to approve, Mr. Crone seconded. The vote was unanimous. Mayor Buelterman opened the public hearing for a Text Amendment (Section 5-110) to Section 3-060.A Bed and Breakfast (residential) Cathy Kilday/increase number of rooms; add afternoon snack; add special events. Mayor Buelterman closed the public hearing. Mr. Smith moved to approve w/conditions: 1) Expansion from five rooms to seven rooms subject to administrative site plan approval by staff; 2) Afternoon snacks allowed; 3) Hosting of special events for up to twenty people subject to one-time special review by Planning Commission and approval by Mayor/City Council. Mr. Wolff seconded. The vote was 5 in favor with Smith, Wolff, Brown, Doyle and Crone voting in favor and Mr. Brewer voting in opposition. Mayor Buelterman opened the public hearing for a Text Amendment & Map Amendment- North End Cultural overlay. Mayor Buelterman closed the public hearing. No action taken by council. Corrected on 03/03/09vw Page 3 of 6 Mayor Buelterman asked that this amendment come back in December. Mr. Hughes said it will not be re-advertised. Business Legally Presented: Consent Agenda Items: Mr. Wolff moved to approve. Mr. Brown seconded. The vote was unanimous. Wayfinding signs /Contract with Frazier & Associates: Mr. Wolff moved to approve contingent on Mr. Hughes and the Zoning Department fine tuning the details before signing. Mr. Smith seconded. The vote was 5 in favor with Wolff, Smith, Brewer, Crone and Doyle voting in favor and Mr. Brown voting in opposition. Final Budget Amendment for Fiscal Year 2008 Budget: This amendment will reduce the budget period to 6 months. Mr. Wolff moved to approve, Mr. Crone seconded. The vote was unanimous. 2nd Budget Amendment for 2009 Budget: General Funds from Various Departments $835,395; Water Sewer enterprise fund $144,275;River’s End RV Park and Campground Enterprise Fund Capital Fund $20,000 to River’s End Contingency Fund for a total of $999,670 added to City’s contingency funds. Mr. Wolff moved to approve, Ms. Doyle seconded. Policies and Procedures for accessing City Archives: Mr. Hughes said there is no action needed on this because of what the existing records management policy says. 1st Reading of Ethics Ordinance to Establish an Ethics Commission and Repeal existing Ethics Ordinance. Mr. Crone moved to accept the Ethics Ordinance Article A and do away with Article B, the Ethics Commission. Mr. Brown seconded for discussion. Mr. Smith moved to call the question. Ms. Doyle seconded. The motion failed with only Smith and Doyle voting in favor. The vote on Mr. Crone’s original motion was 2 to 4 with Crone and Brown voting in favor and Brewer, Doyle, Smith and Wolff voting against. Mr. Smith moved to accept the ordinance as prepared by Mr. Hughes with the addition of the Attorney being confirmed by Council in Section 10 paragraph 2. Ms. Doyle seconded. Mr. Smith amended his motion to state if there is a complaint against a Council member or a Planning Commission member and they were acting at the City Attorney’s advice then the complaint would be invalid. Ms. Doyle seconded the amended motion. Mr. Hughes explained complaints could still be made against the City Attorney. The vote was tied with Smith, Doyle Corrected on 03/03/09vw Page 4 of 6 and Brewer in favor and Brown, Crone and Wolff opposed. Mayor Buelterman voted in opposition. 1st Reading Charter Amendment to Section 4:15 regarding the rules of the Municipal Court of the City. Mr. Wolff moved to approve, Mr. Crone seconded. The vote was unanimous. 1st Reading of Charter Amendment to Section 6.29 relating to the timing of adoption of the operating budget in relation to the end of the fiscal year. Mr. Crone moved to approve. Mr. Wolff seconded. The vote was unanimous. 1st Reading of Charter Amendment to Section 6.32 relating to the capital budget and the adoption requirement prior to the end of the ensuing fiscal year. Mr. Crone moved to approve. Mr. Wolff seconded. The vote was unanimous. Amendment to code of ordinances to create Section 42-64 so as to make it unlawful to create or permit the creation of music or loud noises, amplified or otherwise, at certain times of the day, to repeal conflicting ordinances and to establish an effective date. Mr. Wolff moved to ask staff to research this issue more deeply in order to try and resolve inconsistencies and to use resources as they see fit to hire a consultant if necessary to come up with something better. Mayor Buelterman asked for an amendment to request this ordinance come back for the 2nd meeting in January. Mr. Smith agreed and Ms. Doyle seconded. The vote was 4 in favor with Wolff, Doyle, Brown and Crone voting in favor and Mr. Smith voting in opposition. Ethics Commission’s request to be provided with an Attorney. Mr. Wolff moved to approve Mr. Darden as requested by the Commission subject to Mr. Hughes rate and with the stipulation that only the Chair will be able to make contact. Mr. Smith seconded. The vote was Wolff and Smith in favor and Brewer, Brown, Crone and Doyle opposed. Mr. Brewer motioned to reconsider Mr. Smith’s original motion on the Ethics Ordinance. Mr. Smith seconded. The vote was Brewer, Brown, Crone, Doyle and Smith in favor and Wolff opposed. Mr. Smith’s original motion was to accept the ordinance as prepared by Mr. Hughes with the addition of the Attorney being confirmed by Council in Section 10 paragraph 2 and to state if there is a complaint against a Council member or a Planning Commission member and they were acting at the City Attorney’s advice then the complaint would be invalid. Ms. Doyle seconded. The vote was Smith and Doyle voting in favor and Brewer, Brown, Crone and Wolff voting in opposition. Mr. Brewer moved to accept and adopt Article A, Mr. Brown seconded for discussion. Mr. Brewer amended his motion to include the provision that if there is a complaint against a Corrected on 03/03/09vw Page 5 of 6 Council member or a Planning Commission member on any issue that the City Attorney has given an opinion should be a defense to any complaint of unethical behavior. Mr. Brown seconded. The vote was Brewer, Brown, Crone, Doyle and Smith in favor and Wolff opposed. Mr. Brewer moved to eliminate Section B of the code of Ethics. Mr. Crone seconded. The vote tied with Brewer, Crone and Brown voting in favor and Doyle, Smith and Wolff voting in opposition. Mayor Buelterman voted in opposition. Mr. Smith moved to approve Article B of the Proposed Ethics Ordinance with the addition of the Council having confirmation over an Attorney being hired by the Ethics Commission. Ms. Doyle seconded. The vote was Smith and Doyle voting in favor and Brewer, Brown, Crone and Wolff voting in opposition. Mr. Wolff moved to go into Executive Session to discuss Litigation. Ms. Doyle seconded. The vote was unanimous. Mr. Wolff moved to end Executive Session, Ms. Doyle seconded. The vote was unanimous. Mr. Wolff moved to adjourn, Ms. Doyle seconded. The vote was unanimous. Corrected on 03/03/09vw Page 6 of 6