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HomeMy Public PortalAbout005_001_20110714 Draft Minutes 20110714DraftCCMinutes/jrl 20110714 City Council Meeting Minutes Mayor Jason Buelterman called the consent agenda to order at 6:30PM. Those in attendance were Paul Wolff, Kathryn Williams, Frank Schuman, Mayor pro tem Shirley Sessions, Wanda Doyle, and Bill Garbett. Also in attendance were Bubba Hughes, City Attorney, Diane Schleicher, City Manager, Dianne Otto, Acting Zoning Director, Mary Hogan, Finance Director and Jan LeViner, Acting Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: May 12, June 9, June 23, June 30 and July 7, 2011 City Council Minutes Tybee Fest, Labor Day Beach Bash, September 4, 2011, Pier, 7:00PM – 11:00PM Mr. Hughes addressed the concerns of Private Parking Lots, Section 3-250. He reminded council the current ordinance had been amended to include the right of council, when an application is submitted, to impose conditions on the ability to obtain a permit as stated in the next to last paragraph of Section 3-250. Discussion points were (1) number of cars that should be allowed in private parking lots; (2) noise control; (3) buffers; (4) original site plan requirements; and (5) annual review for these lots. Ms. Doyle asked Mr. Hughes if a review of compliance could take place when the permit is renewed. He agreed that conditions could be imposed at that time. Ms. Williams asked if provisions that are outside of normal property maintenance regarding the cutting of vegetation be done at the annual review. Mr. Hughes confirmed. Mr. Garbett asked if a review could be done at any time when concerns arise. Mr. Hughes agreed and affirmed that special review could take place at any time which might result in the permit being revoked. Mr. Wolff asked if during a review, council could impose conditions that were not part of the original site plan. Once again, Mr. Hughes agreed. Council agreed they would like Mr. Hughes to include language to that effect in the rewriting of the ordinance. Ms. Sessions asked Ms. Schleicher who would receive a citation for non-compliance. Ms. Schleicher stated that the attendant receives the citation and the owner receives notification of same. Ms. Sessions further asked Ms. Schleicher to clarify the buffer requirements for parking lots. Ms. Schleicher stated that the more problem lots are those that were permitted earlier as they did not have much structure as opposed to current applications. Ms. Schleicher asked guidance from council as to when the review process should take place but would recommend either December or January. Ms. Doyle asked Ms. Schleicher if concerns of the neighbors of 103 Butler have been addressed. She stated they had not but she would contact the interested parties to discuss their concerns. Mr. Garbett agreed that council needs to revisit the ordinance. Ms. Williams would like the notification to the neighbors of the review process be done through the water bills, web site and signage. Mayor Buelterman read an email from Tom Borkowski regarding his concerns of the parking lots at 103 Butler and asked that it it be made part of the City Council Meeting. Those concerns include: Proper maintenance of property which at this time poses the threat of fire Public urination as there are no public facilities in the area “Short cutting” through neighboring properties Unsafe crossings of Butler Avenue Potential recurrence of all concerns for Labor Day Weekend Mr. Borkowski further requested that the following actions be taken: Parking permits be reviewed immediately 103 Butler be limited to a maximum of 15-20 vehicles The ordinance be changed to reflect all parking permits be reviewed annually A blinking red light or stop sign be installed at the intersection of Butler and 2nd to slow traffic down on the speedway after the curve 20110714DraftCCMinutes/jrl Mayor Buelterman also commented that council had received an email from Deborah Macarin stating the same concerns as Mr. Borkowski. Mr. Schuman asked if permits could be revoked due to excessive violations. Mr. Hughes agreed and owners would be required to come before council to show cause why their permit should not be revoked. Ms. Sessions would like Ms. Schleicher to confirm that citations have been issued to both the owner and attendant of 103 Butler and further stated that if this continues to be an issue, their license should be revoked. Ms. Schleicher confirmed. Mr. Schuman would like, in the future, for staff to research violations and citations prior to the issuance of a license. Council agreed to forward their recommendations for Section 3-250 to Mr. Hughes so a discussion could be held at an upcoming meeting. Ms. Schleicher will notify the owner of 103 Butler Avenue and make him aware that council will review the status of the business licenses for 103 and 105 Butler Avenue at the August 11, 2011 City Council meeting. It was further agreed by council there would be an annual review of the licenses pertaining to private parking lots. Mayor Buelterman called the regular meeting to order at 7:10PM. Opening Ceremonies Call to Order Everyone present at the consent agenda was still in attendance. Invocation: Father Peyton, St. Michael’s Pledge of Allegiance Reports of Staff, Boards, Standing Committees and/or Invited Guests. Karen Kelly, 1706 Inlet, Community Resources Committee, addressed Mayor and Council regarding solid waste and recycle programs. Ms. Kelly asked council to invest in a glass crusher as glass is the heaviest weight hauled off the Island. She thanked DPW for putting additional recycle containers on the Island and asked Council have a recycling program in place prior to 2012. She suggested that an Island wide workshop be set up with Mayor and Council, staff, residents and commercial owners in attendance so we would have solid waste under control by March 2012. Ms. Kelly also asked that recycle bins be placed next to every trashcan to further support recycling. Mr. Garbett thanked Ms. Kelly and feels a workshop is a great idea. He would need further data as to how much commercial waste is hauled off Island. Ms. Kelly indicated that she is in contact with the beer distributors to get information on how many bottles and cans are brought on the Island so she will have an estimate of use. Mayor Buelterman asked Ms. Schleicher when the RFP’s would be going out for the waste disposal and recycling contracts. She stated that one contract ends in November and the other in December so the City has to move rather quickly. Mayor Buelterman will coordinate dates for the workshop and contact Ms. Kelly. Monty Parks, Shore Protection Ad Hoc Committee Chairman, reported on the committee’s progress and gave four reasons for the City of Tybee Island to have their own Shore Protection Ordinance: Preservation of property owners rights Additional protection of dune and beaches Foundation for disaster recovery plan Insure DNR has the best interests of Tybee Island The Shore Protection Ad Hoc Committee feels this should be a simple, easy to read ordinance. Their recommendation is a base setback be made 10’ from the landward most dune foot whether that dune foot is in front or behind the DNR jurisdiction line. The committee feels there should be a notification 20110714DraftCCMinutes/jrl process to property owners both commercial and private who might have an interest in the shoreline properties. This notification should be above and beyond any of the existing public hearing processes to insure those individuals affected are aware of this process. As an ordinance under the existing LDC, the Shoreline Protection Ordinance would follow the current application criteria and variance process. Mr. Parks further asked that if council were to go forward with their recommendation at least two committee members be included in drafting the appropriate language with Mr. Hughes. Mr. Garbett recommends that committee members meet with Mr. Hughes to draft language for a new ordinance. Ms. Sessions agreed that the new ordinance needs to be written so it is understood. Ms. Williams commended Mr. Parks on his leadership with the Shore Protection Ad Hoc Committee. Mayor and Council were in agreement. Campground Monthly Financials, Woody Hemphill, Campground Director. Citizen to be Heard Cathy Liberator and Carol Hesson reported that they have tried to partner with an existing licensed business owner on the beach to no avail and to obtain a store front is not in their business plan. They further requested if it is the council’s answer to their request that the only way to conduct business on Tybee Beach is to have a “brick and mortar”, they would ask the City Attorney to advise them in writing. Ms. Liberator stated that their understanding is that council feels they are under no obligation to do anything. She would disagree as council has an obligation to act within the law. Mr. Garbett stated that this matter has been discussed for several months and he agrees with other council members that they are under no obligation to do anything. The beach is a piece of public property that is primarily a recreational piece of property and they do not want to open it up to a plethora of businesses. Mr. Hughes stated that he does not feel the City has acted unlawfully nor does he feel we are obligated to make the beach available to anyone requesting a license for beach business. There are two separate issues; (1) what obligation if any does the City have to make the beach available for business uses and (2) how we administer if any businesses are permitted to operate on the beach. Mr. Hughes will prepare the requested correspondence and will have an ordinance to Council July 28, 2011. Carolyn Jurick, Spokesperson for the Tybee Island Charter School, thanked Mayor and Council as well as the citizens of Tybee Island for their support in an effort to establish the Tybee Island Charter School. They have decided to withdraw their petition for the Charter due to two issues; problems with the facility and financial problems. These two issues and all others concerns will be resolved by March 1, 2012 when they submit their revised Charter School Petition to the Chatham County Board of Education. Ms. Doyle thanked Ms. Jurick for all the Committee’s hard work and further stated Mayor and Council as well as the City were behind them and to please continue their fight. Ms. Sessions also thanked Ms. Jurick for her hard work and would encourage anyone that supports the Charter School to make a donation. Jimmy Burke would like to commend all the lifeguards as well as Ocean Rescue on a job well done during the recent 4th of July weekend. Ms. Sessions also expressed her appreciation and further thanked DPW, the Tybee Island Fire Department and the Tybee Island Police Department for all their efforts. Ms. Williams commended everyone who participated in the beach sweep on July 4th. Ms. Doyle relayed a story regarding the lifeguards and their willingness to assist beach goers. She is very proud of our lifeguards. Consideration of Bids, Contracts, Agreements and Expenditures Ms. Schleicher explained this is a GDOT agreement which states the City must maintain the grasses and palm trees for the project from 14th Street to Tybrisa. Paul Wolff made a motion to approve. Bill 20110714DraftCCMinutes/jrl Garbett seconded. Voting in favor were Paul Wolff, Kathryn Williams, Frank Schuman, Shirley Sessions, and Bill Garbett. Wanda Doyle voting against. Shirley Sessions made a motion to approve the consent agenda. Paul Wolff seconded. Vote was unanimous. Public Hearing FY2012 Millage Rate. Ms. Hogan suggested will keep the current millage rate of 4.186. Wanda Doyle made a motion to approve the 4.186 millage rate for FY 2012. Frank Schuman seconded. Vote was unanimous. 122 Lewis Avenue, Zone R-1-B; Cindy Kelley and Kenneth Zapp. Ms. Otto reported that this is an after the fact variance request and the Planning Commission passed a motion to deny. She explained that there have been many permits for this property. During an inspection, it was found that a stoop had been added to the front of the building that is not in the scope of work. Ms. Sessions asked what the petitioner would need to do if this petition was denied. Ms. Otto stated that one option that would be within code and not require a variance is to extend the roof overhang from the wall of the house 2’ as a roof overhang is allowed and not considered a set-back encroachment. Mr. Garbett asked if the front overhang was replaced with a similar 2’ extension and not mounted on posts but cantilevered into the building, would that meet the definition of a roof overhang? Ms. Otto stated that she has never granted such a request other than an awning with a metal frame. Ms. Sessions stated that she is concerned as there seems to be more after the fact variance requests and she asked Mr. Hughes to address the after the fact variance. Mr. Hughes explained that for several years the ordinance prohibited applying for an after the fact variance if the property had not been in conformity. If someone had built in nonconformity the owner would have to remove the violation and come back, ask for a variance and then rebuild. Ms. Sessions asked whose responsibility is it to monitor construction on Tybee Island. Mr. Hughes explained there are scheduled inspections when a permit is applied for and the inspector checks the property and if he sees a violation it is addressed at that time. It is very hard to monitor all construction on the Island. Ms. Otto commented that it is not unusual, upon routine inspections, to find construction that is not in the scope of work as stated on the permit. Mr. Zapp addressed Mayor and Council explaining that he purchased the property in foreclosure January 19, 2011 and hired a contractor to do the renovations. He instructed the contractor to pull all permits which the contractor failed to do for the stoop. His goal is to provide normal protection for visitors coming to their home. The cottage was non-conforming when they bought the property. They would incur a hardship as it is not financially feasible to remove the stoop. He would ask Mayor and Council for approval of his variance. Many neighbors spoke in behalf of this request and asked Mayor and Council to approve this after the fact variance. Mr. Wolff asked Mr. Zapp Zapp to provide pictures and documentation for the structure on the north side of the home that had been removed so that the stoop that was built could be permitted. Ms. Williams appreciates the support of Mr. Zapp’s neighbors. She further stated for years the City would not grant after the fact variances until structures were torn down. It has only been recently that the City has granted after the fact variances hence the reason why we have a process. Wanda Doyle made a motion to approve the variance. Frank Schuman seconded. Voting in favor were Paul Wolff, Kathryn Williams, Frank Schuman, Shirley Sessions and Wanda Doyle. Bill Garbett voting against. Kathryn Williams made a motion to have staff pursue investigating and issuing citations to the builder responsible for violating the LDC and then have them referred to the Tybee Island Municipal Court. Paul Wolff seconded. Mr. Hughes and Ms. Otto will discuss and see what evidence exists and bring it back to Council with a recommendation. He feels that a motion does not need to be made. Ms. Williams withdrew her motion. Mr. Wolff withdrew his second. 20110714DraftCCMinutes/jrl 301 Jones Avenue, Zone R-2; Patrick Fucci. Ms. Otto reported that this is an after the fact variance request and the Planning Commission passed a motion to deny. The applicant was issued a permit for a swimming pool and as the inspector was driving around the Island noticed that a roof structures had been added to the house. The swimming pool permit was still open and it was recognized that this structure was not part the swimming pool permit, and out of scope. Ms. Otto did give the homeowner alternatives, none to his satisfaction. Mr. Fucci decided to come before City Council to ask for a variance. Mr. Fucci indicated that the stop work order was put on his house six (6) weeks after completion of the project. He hired a contractor to do all work within four (4) weeks and after four (4) months he was removed from the property. Mr. Fucci completed the remaining work himself. Ms. Williams asked if Mr. Fucci was familiar with the City’s Code that would not allow one property to drain drain on another property. He replied no. He was told by his contractor that plans had been submitted and approved by the City. Ms. Doyle asked Ms. Otto if the roof structure were detached, such as a carport, would he need the variance. Ms. Otto stated no but he would need a 5’ setback. Mr. Fucci agreed he was willing to detach the roof structure, cut it back so he would be 5’ off the property line and in compliance. Mr. Fucci did provide a survey to Ms. Otto which depicted a small box where pool equipment would be stored. Kathryn Williams moved to deny. Bill Garbett seconded. Those voting in favor to deny were Paul Wolff, Kathryn Williams, Shirley Sessions and Bill Garbett. Voting against was Frank Schuman and Wanda Doyle. Motion to deny carried 4-2. Discussion: Ms. Doyle is concerned about contractors and other businesses that are coming on this Island to do work and do not know the City Codes and causing homeowners problems with construction and other projects. Mr. Garbett agrees with Ms. Doyle and suggests a higher fine be imposed. Article 3, Section 3-160; Protective Screening of Adjacent Property where Commercial use and Residential use Abut; City of Tybee petitioner. Ms. Otto explained that a motion was made by the Planning Commission, without voting yes or no, that Section 3-160 be sent to council for reconsideration with the Planning Commission’s comments and explanations of significant concerns. Ms. Otto explained that the current ordinance states the burden of the buffer is on the party doing the improvements and at the Planning Commission Meeting, Ethan Imhoff suggested that the buffer requirements should be shared equally. Ms. Doyle agrees with that concept. Mr. Hughes and Ms. Otto will meet and bring recommendations back to Council. Mayor Buelterman closed the public hearing and stated this would not be considered as a first reading. Ms. Schleicher brought up the subject of the Short Term Work Program and stated the need to get rid of down zoning. We need to go determine what is commercial and residential. Ms. Sessions is concerned that zoning of commercial and residential is confusing. Mr. Hughes stated that restrictions have historically been imposed on the ability of government to regulate what someone does with their property. It doesn’t change the zoning if they decide to start renting. The property does become commercialized and as we have addressed the Short Term Rental Control Proposal is the best way to proceed. Consideration of Ordinances, Resolutions First Reading, Ordinance 29-2011, Use of Restroom Facilities. Paul Wolff made a motion to add $100 as the fine in the blank space and to approve first reading. Kathryn Williams seconded. Vote was unanimous. Section 3-120, Text Amendment. Access to Public Street Requirement. Mr. Hughes explained that there were two versions of this ordinance and it is not clear which version is correct. The ordinance 20110714DraftCCMinutes/jrl which is before council tonight states an easement shall have a minimum width of 20 feet unless an easement of lesser width was of record prior to the adoption of the ordinance from which this section is derived. Paul Wolff made a motion to approve first reading. Wanda Doyle seconded. Vote was unanimous. Mayor Buelterman asked that council revisit Section 3-100 regarding dune crossovers and requirements for permits when replacing boards, planks and handrails. Mr. Hughes explained that currently you do not need special review to replace decking board and handrails but if you are replacing the posts, special review is necessary. Mr. Garbett stated that if we adopt a Shore Protection Ordinance it would need to coincide with Section 3-100. Community Development Department Fee Schedule. Ms. Otto discussed several minor changes in the Community Development Department Fee Schedule. Paul Wolff made a motion to accept specified changes. Wanda Doyle seconded. Vote was unanimous. Article 7, Tree Removal Regulations. Ms. Williams would ask that council to approve sending Article 7, Tree Removal Regulations, to the Planning Commission for review. She would like them to look at the list of significant trees and consider adding pine trees and any others that they may consider. Ms. Williams would ask that they review the fines to ensure they are appropriate for this time. Under Section 7-080-d, to revisit the current mitigation fee of $50.00 per inch and after their review, send back to Council for approval. Kathryn Williams made a motion to approve. Paul Wolff seconded. Vote was unanimous. Discussion: Ms. Otto asked Ms. Williams if it was her intent to have the entire Article 7 reviewed or just the above portion. She confirmed that it would be only the above concerns. Memorial Park Planning Meeting. Ms. Williams stated the next meeting would be August 3, 2011. Paul Wolff made a motion to adjourn to Executive Session. Bill Garbett seconded. Vote was unanimous. Paul Wolff moved to go back into open session. Wanda Doyle seconded. By unanimous vote the meeting was re-opened. Paul Wolff made a motion to name for a second interview the top three candidates for the position of Clerk of Council are Leila Brittain, Gloria Brown and Jan LeViner. The motion was seconded by Wanda Doyle and passed unanimously. A discussion occurred concerning when the interviews would be conducted and tentatively, August 3, 2011 was selected pending communication with the candidates. Paul Wolff made a motion to adjourn. Frank Schuman seconded. Vote was unanimous.